Bombay HC Slaps Plaintiff With ₹50 Lakh Cost For ‘Fraud On Court’ In Trademark Case; Judge Terms Suppression Of Facts A 'Deliberate Deception'

Mumbai: In a stern message against litigants who mislead courts, the Bombay High Court has imposed exemplary costs of Rs 50 lakh on a plaintiff who obtained an ex-parte (without other defendant’s presence) injunction in a trademark infringement case by concealing material facts.

Judge Condemns Plaintiff’s Fraudulent Action

Justice Arif Doctor held that the plaintiff, Shoban Salim Thakur, proprietor of M/s Family Footwear, had engaged in “gross suppression of material facts” and “deliberately and systematically played fraud upon the Court” to secure an ex parte ad-interim order.

Court’s Observation on Fraud and Concealment

“The deliberate and selective withholding of such material… is, in my view, clearly a fraud which has been played on this Court by the Plaintiff only to obtain the e