The Delhi High Court recently ruled that a trial court cannot impose costs for delay in filing a written statement solely on the basis of a prior cautionary order, without considering subsequent developments or the merits of the explanation offered [VI- John Vs Dabur India]. Justice Tejas Karia set aside costs of ₹12 lakh imposed on VI-John Healthcare India LLP for a 48-day delay in a trademark infringement suit filed by Dabur India Limited. “Any application filed by the parties has to be decided on its own merits… The Court should at least examine the grounds made out for delay and cannot brush it aside only on the ground that the previous order was binding,” the Court said in its order of July 31. The dispute arose from a trademark and copyright infringement suit filed by Dabur before the Commercial Court at Tis Hazari, claiming that VI-John’s packaging—particularly its use of the word “MISWAK”—infringed Dabur’s rights. The trial court issued summons to VI John on July 18, 2024. On A...