Xx Vs Y — Delhi HC (2026) — LawSathi Research

Xx Vs Y — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed in terms of prayer clauses (a) and (b) of the plaint read with the Settlement Agreement (permanent injunction regarding the 'HERO' trademarks); Registry directed to draw up the decree sheet; Plaintiffs entitled to refund of entire court fees under the Court Fees Act, 1870.

Issue for consideration

Whether the Defendant's dealing in goods using Plaintiff No. 1's 'HERO' trademarks and/or any mark deceptively similar thereto amounted to infringement calling for a decree of permanent injunction. +1 more

Ratio / Principle

The Court found the terms of settlement lawful and decreed the suit in terms of prayer clauses (a) and (b) of the plaint read with the Settlement Agreement, the terms of which bind the parties thereto.

Key takeaways

Plaintiffs are held entitled to refund of the entire court fees in accordance with the Court Fees Act, 1870.ratio¶¶22

Detailed headnote1 paragraphs

Delhi High Court (Ms. Justice Jyoti Singh) disposed of CS(COMM) 1169/2025, a suit by Hero Investcorp Pvt. Ltd. & Anr. against K.D. Rubber Industries seeking a permanent injunction against manufacture, sale, supply, marketing (including online sale) of goods using the 'HERO' trademarks or deceptively similar marks. During pendency, the parties mediated before the Delhi High Court Mediation and Conciliation Centre and executed a Settlement Agreement dated 12.02.2026, under which the Defendant acknowledged the Plaintiffs' proprietary rights in the 'HERO' trademarks, undertook that neither it nor its associates, servants, stockists, distributors or anyone acting on its behalf would manufacture, sell, advertise or distribute counterfeit or infringing goods bearing the Plaintiffs' HERO trademarks/logos/labels/packaging, and paid Rs. 1,50,000/- as compensation by Demand Draft (dated 07.02.2026, paid 12.02.2026). Finding the terms lawful, the Court decreed the suit in terms of prayer clauses (a) and (b) of the plaint read with the Settlement Agreement, directed the Registry to draw up the decree sheet, and held the Plaintiffs entitled to refund of the entire court fees in accordance with the Court Fees Act, 1870.

$~40

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CS(COMM) 1169/2025 & I.A. 27151/2025

HERO INVESTCORP PVT. LTD. AND ANR .....Plaintiffs

Through: Mr. Kunal Khanna, Ms. Priyanshi Gupta, Mr. Anuj Dhar, Mr. Rishabh Gupta, Mr. Kaulik Mitra and Mr. Samanyu Bhatnagar, Advocates.

versus

K.D. RUBBER INDUSTRIES .....Defendant

Through: Mr. Jayant Mudgal, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 13.04.2026

This suit is instituted on behalf of the Plaintiffs inter alia seeking a decree of permanent injunction restraining the Defendant and all others acting on its behalf from manufacturing, trading, supplying, selling, marketing, in any manner, including online sale of any goods using Plaintiff No. l’s ‘HERO’ trademarks and/or any other mark deceptively similar thereto, amounting to infringement.

During the pendency of the suit parties were referred for mediation before the Delhi High Court Mediation and Conciliation Centre, where they have amicably resolved their inter se disputes and executed a Settlement Agreement dated 12.02.2026, incorporating the terms of settlement, wherein Defendant has acknowledged the proprietary rights of the Plaintiffs in the ‘HERO’ trademarks and agreed that neither the Defendant nor its associates,

CS(COMM) 1169/2025

Page 1 of 2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2026 at 12:38:19

servants, stockists, distributors or anyone acting on its behalf shall manufacture, sell, advertise and/or distribute, counterfeit or infringing goods bearing Plaintiffs’ HERO trademarks/logos/labels and/or packaging relating thereto. Defendant also agreed to pay a sum of Rs. 1,50,000/- to the Plaintiffs as compensation which admittedly stands paid by way of Demand Draft on 12.02.2026. Copy of the Settlement Agreement has been placed on record along with copy of Demand Draft dated 07.02.2026.

Court has perused the terms of settlement and finds the same to be lawful. Accordingly, the suit is decreed in terms of prayer clauses (a) and (b) of the plaint read with the Settlement Agreement, terms of which shall bind the parties thereto.

Registry is directed to draw up the decree sheet.

Suit along with pending application stands disposed of.

Plaintiffs are held entitled to refund of entire court fees in accordance with Court Fees Act, 1870.

JYOTI SINGH, J

APRIL 13, 2026/ RW

CS(COMM) 1169/2025

Page 2 of 2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2026 at 12:38:19