Delhi HIgh Court

Delhi HC: 195-Day Delay Leads to Dismissal of Victoria Cross India's Appeal

Updated
Mar 6, 2026 11:21 AM
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Victoria Cross India Pvt Ltd faced a setback when their appeal against Victorinox AG was dismissed because they were 195 days late in filing it. This decision was made by the High Court of Delhi on February 17, 2026.

Background of the Case

Victoria Cross India Pvt Ltd, represented by Mr. Rohan Jaitley and his team, had appealed against a decision made on March 23, 2024, by the District Judge at Tis Hazari Courts, New Delhi. The appeal was filed under the rules that deal with business-related court cases.

The Delay and Its Reasons

The appeal was delayed by 195 days. The main reason given was the death of Mr. Dinesh Gupta on July 8, 2022. He was in charge of managing business operations, including issues related to trademarks and copyrights. After his passing, his wife, Ms. Komal Gupta, had difficulty managing these responsibilities.

"Ms. Komal Gupta had to manage the daily operations and make important decisions by herself."

Key Events Leading to the Delay

  1. Injunction Period: From July 30, 2019, to March 23, 2024, a court order stopped business operations, causing a long break.

  2. Dissolution and Assignments: Ms. Komal Gupta ended the partnership firm on May 29, 2024, and later transferred trademark rights to Victoria Cross India Pvt Ltd on July 29, 2024.

  3. Change in Leadership: Ms. Gupta stepped down as director, and Mr. Laxman Singh Negi was appointed on August 20, 2024. The paperwork was completed by September 30, 2024.

Court's Decision

The court, led by Judges C. Hari Shankar and Om Prakash Shukla, stressed the importance of meeting deadlines in business-related cases. They mentioned past cases to show that delays in such appeals should not be easily forgiven.

"We do not have the same flexibility with delays in business appeals as we do with non-business appeals."

The court found the reasons for the delay inadequate and dismissed the appeal.

Summary of the Verdict

The court dismissed the appeal due to the 195-day delay in filing, emphasizing the necessity of adhering to deadlines in business-related legal matters.

Tags:
Commercial Disputes
Appeals
Trademark Disputes