Published on : 20 Oct 2025, 4:24 am 4 min read

The Bombay High Court recently imposed ₹50 lakh as exemplary costs on a litigant who obtained an ex parte injunction in a trademark infringement case by suppressing material facts [Shoban Salim Vs Chaitanya Arora].

Justice Arif S Doctor held that the plaintiff engaged in “gross suppression of material facts” and deliberately and systematically played fraud upon the Court.

“ The deliberate and selective withholding of such material, namely (i) the territorial limitation/disclaimer, (ii) the evidence of prior user by the Defendants of the impugned trade mark, and (iii) the Plaintiff’s stand before the Trade Marks Registry while obtaining registration in Class 25, is, in my view, clearly a fraud which has been played on this Court

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