INNOVATIVE DERMA CARE Vs. VARDHAMAN SKINCARE PVT. LTD.

JUDGEMENT

(1.) The present Petition has been filed under Article 227 of the Constitution of India, 1950 seeking setting aside of the order dtd. 21/11/2025 ("Impugned Order") passed by the learned District Judge (Commercial), West District, Tis Hazari Courts, New Delhi ("Trial Court") in CS(COMM) No. 403/2019 ("Suit") titled as 'Innovative Derma Care v. Vardhaman Skin Care Pvt. Ltd. & Anr.', whereby the learned Trial Court dismissed an application ("Subject Application") filed by the Petitioner under Order XVI Rule 1 read with Sec. 30 and Sec. 151 of the Code of Civil Procedure, 1908 ("CPC") by way of which the Petitioner had sought permission of the learned Trial Court to bring on record an additional list of witnesses.

(2.) The Petitioner claims in the present petition that it is engaged in the business of marketing and selling skin care products under the Trade Mark 'Clariwash' ("Subject Mark"), which is owned by the Petitioner. In the month of July 2018, the Petitioner discovered that the Respondents are engaged in manufacturing and selling face wash products under the Subject Mark. Accordingly, the Petitioner instituted the Suit before the learned Trial Court.

(3.) During the course of proceedings in the Suit, the learned Trial Court vide order dtd. 10/9/2024 referred the matter to the Delhi Mediation Centre, Tis Hazari. Thereafter, the Mediation proceedings did not culminate into any resolution of the dispute between the Parties and the matter was referred back to the learned Trial Court.