
The Delhi High Court quashed a ₹12 lakh cost imposed on Vi-John Healthcare by the trial court for a 48-day delay in responding to Dabur’s trademark infringement suit over its Meswak toothpaste packaging.
The trial court had earlier ordered ₹25,000 per day of delay. The High Court found this direction peremptory, noting that Vi-John’s delay was due to ongoing settlement talks.
It held that applications for condonation must be evaluated independently under changing circumstances and without blind reliance on prior orders.
The court also highlighted proportionality, pointing out that the ₹12 lakh cost was disproportionate compared to Dabur’s ₹2.5 lakh damages claim.
[Vi-John Healthcare India LLP v. Dabur India Limited]
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