Delhi High Court Imposes ₹50,000 Costs On Patent Owner For “Unnecessary Litigation”

The Delhi High Court on Tuesday refused to allow Pawan Kumar Goel to withdraw his patent infringement suit over a patented process for extracting Alpha Yohimbine, a plant-derived compound used in dietary supplements, and imposed costs of Rs. 50,000 for “unnecessary litigation.”

Justice Tushar Rao Gedela declined Goel's request under Order XXIII Rule (1)(3)(b) of the Code of Civil Procedure seeking permission to withdraw the suit with liberty to institute a fresh suit on the same cause of action.

Goel had filed the suit against Dr. Dhan Singh and another seeking a permanent injunction alleging infringement of Indian Patent No. 369150. The suit also sought delivery up of stocks, rendition of accounts, damages and costs.

The Court recorded that an expert report dated April 12, 2023, filed by Goel, stated that the process adopted by the defendants and the process claimed in the suit patent were “absolutely dissimilar.”

In an affidavit dated July 21, 2025, Goel stated that documents filed by the defendants showed that Alpha Yohimbine 90% was being manufactured from Rauwolfia vomitoria. On that basis, he requested that the suit be disposed of and sought liberty to institute a fresh suit in the event the defendants used Rauwolfia canescens/tetraphylla.

The defendants opposed the request for withdrawal with liberty. Their counsel submitted that Goel's claim was a “bogey and far from the truth” and relied on Batch Manufacturing Records to state that Rauwolfia tetraphylla was being used in the defendants' process.

The Court observed that the patent in question was for a process of extraction and not for a raw material. It noted that Goel did not hold a patent over the raw material.

Stating that “what cannot be achieved directly, cannot be permitted to be achieved indirectly too,” the Court held that permission to withdraw the suit under Order XXIII Rule (1)(3)(b) of the Code of Civil Procedure could not be granted.

Holding that the defendant was entitled to costs for “unnecessary litigation” when Goel's own expert opinion disclosed that the processes were not similar, the court imposed costs of Rs. 50,000, payable within four weeks.

The suit has been listed for July 8, 2026.

For Defendants: Advocates Vaibhav Vutts, Aamna Hasan, Anupriya Shayam, Aarya Deshmukh and Vaibavi S.G.