'Don't You Read Orders?': Delhi HC Fines Emcure ₹10,000 Over Duplicate Court Fee Refund Plea In Trademark Suit
Riya Rathore
6 July 2026 1:02 PM IST
The Delhi High Court on Monday (July 6, 2026) dismissed with costs an application filed by Emcure Pharmaceuticals Limited seeking refund of court fees in its trademark suit against Orsim Pharma, after noting that the refund had already been granted in the court's earlier order.
Justice Jyoti Singh noted that Emcure had moved an application seeking a refund of the court fee paid in the suit, which was already refunded vide order of May 29, 2026.
The Court pointed out that its order dated May 29, 2026 had already held the plaintiff entitled to refund of the entire court fee under the Court Fees Act, 1870.
"Don't you read orders? Please read paragraph 9," the Court told counsel, referring to the operative portion of the May order.
Counsel persisted, submitting that the Court had only "recorded" the refund and needed to pass a separate order on the application. The Court was unpersuaded.
"This application, I'm dismissing," it said, imposing costs of Rs. 10,000 for the filing.
When counsel objected to the imposition of costs, the Court was firm. "High time that I started imposing costs. You don't read orders and you file applications wasting judicial time," Justice Singh remarked, before closing the matter with, "Nothing doing."
The underlying suit concerned trademark infringement and passing off.
Emcure had sued Orsim Pharma and others over the mark ORSIFER-XT, alleged to be deceptively similar to its registered trademark OROFER.
The defendants, appearing in person and through a company representative, had given undertakings not to use the impugned marks or trade dress, and the suit was decreed in Emcure's favour on May 29, 2026 with a permanent injunction.
The same order had already granted the plaintiff refund of court fees, rendering the fresh application infructuous.