Hero Investcorp Private Limited & Anr. Vs Ashok Kumar Unkown — Delhi HC (2026) — LawSathi Research

Hero Investcorp Private Limited & Anr. Vs Ashok Kumar Unkown — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed in terms of the Settlement Agreement dated 07.01.2026 (which forms part of the decree and binds the parties); refund of entire court fees to the Plaintiffs under the Court Fees Act, 1870; Registry directed to draw up the decree sheet; Defendant undertook to destroy the impugned goods on 23.03.2026 at 2:00 PM in presence of the Plaintiffs' counsel/representative, with the assurance taken on record.

Issue for consideration

Whether the Defendant's manufacture, stocking and offering for sale of Seat Covers, Side bags or other products bearing the marks 'HERO' and 'HUM MEIN HAI HERO' or deceptively similar marks amounted to infringement of the Plaintiffs' registered trademarks (suit ultimately decreed by consent in terms of the Settlement Agreement).

Court's answer

The Court perused the terms of settlement, found them lawful, and decreed the suit in terms of the Settlement Agreement between the parties, which forms part of the decree and binds the parties thereto.

Ratio / Principle

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

Detailed headnote1 paragraphs

Trademark infringement suit (marks 'HERO' and 'HUM MEIN HAI HERO') disposed of as consent decree. During pendency, parties settled their inter se disputes before the Delhi High Court Mediation and Conciliation Centre and executed a Settlement Agreement on 07.01.2026. The Defendant paid Rs. 1,00,000/- by Demand Draft (drawn on IDBI Bank, dated 07.03.2026, handed over on 09.03.2026) in terms of the settlement. Holding the settlement lawful, the Court decreed the suit in terms of the Settlement Agreement, making it part of the decree and binding on the parties, and awarded refund of the entire court fees under the Court Fees Act, 1870. Infringing goods previously seized by a Local Commissioner (order dated 03.09.2025) and returned to the Defendant on superdari are to be destroyed on 23.03.2026 at 2:00 PM in presence of the Plaintiffs' counsel/representative, per the Defendant's undertaking recorded by the Court.

$~54

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CS(COMM) 938/2025 & I.A. 21743/2025

HERO INVESTCORP PRIVATE LIMITED & ANR. .....Plaintiffs

Through: Ms. Aastha Sharma and Ms. Jahanvi Sharma, Advocates.

versus

MR. MOHD. RAEES .....Defendant Through: Defendant in person.

CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 10.03.2026

This suit is instituted on behalf of the Plaintiffs seeking a decree of permanent injunction restraining the Defendant and all others acting on his behalf from manufacturing, stocking and offering for sale Seat Cover, Side bag or any other product bearing the marks " HERO ", " HUM MEIN HAI

HERO ", and/or any other mark deceptively and confusingly similar to registered trademarks of the Plaintiffs " HERO " " HUM MEIN HAI HERO " , amounting to infringement of trademarks, amongst other reliefs. 2. During the pendency of the suit, parties were referred to the Delhi High Court Mediation and Conciliation Centre, where they have amicably resolved their inter se disputes and a Settlement Agreement has been executed on 07.01.2026 incorporating the terms of settlement. Copy of the Settlement Agreement has been placed on record.

Defendant is present in person. He submits that in terms of the

CS(COMM) 938/2025 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 20/03/2026 at 13:02:42

settlement, a Demand Draft in the sum of Rs.1,00,000/- has been handed over to counsel for the Plaintiffs on 09.03.2026. Learned Counsel for the Plaintiffs acknowledges this fact and hands over a photocopy of the Demand Draft in the sum of Rs.1,00,000/- drawn on IDBI Bank dated 07.03.2026, which is taken on record.

In light of the settlement, counsel for the Plaintiffs submits that the suit be decreed in favour of the Plaintiffs and against the Defendant.

Court has perused the terms of settlement and finds the same to be lawful. Accordingly, the suit is decreed in terms of the Settlement Agreement between the parties which shall form a part of the decree and terms thereof shall bind the parties thereto.

Registry is directed to draw up the decree sheet.

Suit is disposed of along with pending application.

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

By order dated 03.09.2025, Court had appointed a Local Commissioner to seize and take into custody the infringing products. Products were taken into custody but given back to the Defendant on superdari. Defendant who appears in person undertakes that the impugned goods will be destroyed on 23.03.2026 at 2:00 PM in presence of the counsel/representative of the Plaintiffs. Assurance is taken on record.

JYOTI SINGH, J

MARCH 10, 2026/ VP

CS(COMM) 938/2025 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 20/03/2026 at 13:02:42