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Kasif Ahmed vs. M/s Tenax India Stone Products Pvt. Ltd.

First Appeal from Order (Commercial) · 2026:DHC:7839-DBDecided 15 Sept 2026New Delhi Bench
FAO (COMM) 263/2026CNR: DLHC010429422026
Justice Avneesh Jhingan · Justice Manmeet Pritam Singh Arora

Background

The respondent company sued the appellant, a Kolkata-based adhesives trader, for trademark infringement over the mark "T-MAX" (versus its registered "TENAX" mark). The appellant's lawyer failed to file the written statement despite repeated opportunities, and the appellant was eventually proceeded against ex-parte; a decree for injunction and Rs. 9,00,000 in damages followed two years later. The appellant claimed he believed settlement talks were ongoing and blamed his lawyer's negligence, seeking to have the ex-parte decree set aside.

Decision Breakdown

The trial court had rejected the appellant's application to set aside the ex-parte decree, finding he was negligent, not merely let down by his lawyer. The High Court agreed and dismissed the appeal, holding that a litigant cannot simply blame his advocate and disclaim all responsibility for two years of inaction, especially when he had no documentary proof of ever following up. It emphasized that litigants, including businessmen who are otherwise digitally competent for other purposes like tax filings, are expected to remain vigilant about their own court cases, including by checking online case-status portals.

Lesson Learnt

Simply blaming your lawyer for missing court dates is not, by itself, "sufficient cause" to undo an adverse judgment: litigants have an independent duty to stay informed about their own case's progress.

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