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SHABU KN ACHARY VS. DHARAMPAL PREMCHAND LIMITED

Supreme Court of India · C.A. No. 10260/2026 · 07 Aug 2026


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2026 INSC 819Non-Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No. 10260 of 2026

(Arising out of SLP (C) No.26887 of 2026)

SHABU KN ACHARY …. APPELLANT (S)

Versus

DHARAMPAL PREMCHAND LIMITED . RESPONDENT(S)

O R D E R

Leave granted.

2. The short question arising in the above case is as to

whether the defendant, the appellant herein, was entitled

to put a question with respect to the brand name asserted

by the plaintiff, infringement of which was the foundation

of the relief of damages claimed by the plaintiff in the suit.

3. The High Court finding the question to be a purely

factual question beyond the permissible cross-

examination; since the defendant’s written statement was

not taken on record, expunged it from the record.

4. We have heard Sri Ankur Chhibber, learned Senior

Counsel for the appellant and Sri Gagan Gupta, learned

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Senior Counsel for the respondent.

5. The prayers in the suit, produced along with the

memorandum as Annexure P-1 are multifarious. Inter alia

plaintiff seeks permanent injunction restraining the

defendant from infringing the trade-dress used by the

plaintiff in its product in any manner, declaration that the

two trademarks are the exclusive marks of the plaintiff,

within the meaning of Section 2(1)(zg) read with Section

11 (6) of the Trade Marks Act, 1999, as also damages.

6. The specific contention raised was that the

defendant’s written statement not being on record, he was

not entitled to put that question. We are unable to agree.

The disputed question as such, is seen thus:

‘Is it correct that you have no document to show

that since when mark BABA is being used?’

7. We need only notice the affidavit of the plaintiff

accompanying the prayer for injunction which specifically

speaks of the defendant using the brand name of the

plaintiff with a similar packaging/trade-dress, which is

identical to the unique trade dress and packaging of the

plaintiff’s product. The averments also are with respect to

infringement of the plaintiff’s registered copyright and

trademark, as we noticed hereinabove.

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8. When the plaintiff affirms trademark infringement,

even if the written statement is not on record, the

defendant is entitled to put the question which queries the

plaintiff on the document, to substantiate the time from

which such brand name was used by the plaintiff.

9. On the above reasoning, we reverse the impugned

order of the High Court and direct the trial to be proceeded

with after recalling the plaintiff and recording his answer.

10. We make it clear that we have not made any

observations on the merits of the matter and the parties

would be entitled to agitate their respective contentions in

the trial.

11. The appeal is allowed.

12. Pending application(s), if any, shall stand disposed of.

.……………………………... J.

(J. B. PARDIWALA)

..………….…………………. J.

(K. VINOD CHANDRAN)

NEW DELHI;

AUGUST 07, 2026.

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