Shikhar Dhawan v. Db Dixon Battery Private Limited

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 19/2025 & I.A. 1232/2025 SHIKHAR DHAWAN .....Petitioner Through:

Mr. Rizwan and Mr. Samarth Sharma, Advocates.

versus DB DIXON BATTERY PRIVATE LIMITED .....Respondent Through:

Mr. Ramandeep Bawa, Mr. Mujeeb and Mr. Ashutosh Choudhary, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 19.08.2025 1.

This petition is filed on behalf of the Petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 ('1996 Act') seeking the following reliefs:- "a. An order for interim injunction restraining the Defendants, their principal officers, servants, agents, affiliates, subsidiaries, distributors, and all others acting for and on their behalf from:- i. Using, publishing, displaying, reproducing, and disseminating the Petitioner's image, likeness, name, persona, voice, signature, or any photographs, videos, or other representations of the Petitioner in any form or manner; and featuring the Petitioner's image, likeness, or related representations on any platforms including their websites, social media platforms, online or offline e-commerce platforms, promotional or marketing materials, advertisements, or packaging of goods;

ii. Selling, distributing, or offering for sale any products or goods that feature or bear the Petitioner's image, likeness, or related representations in any form or manner, and;

iii. Engaging in any acts or omissions that constitute unauthorized commercial exploitation, misrepresentation, or false association with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Petitioner.

b. An order for interim injunction directing the Defendants, their principal officers, servants, agents, affiliates and subsidiaries to:- i. Recall all products, goods, packaging, and associated materials bearing or incorporating the Petitioner's Image, likeness, photographs, videos, or any related representations, which have already been distributed or otherwise circulated. ii. Deliver to the Petitioner's attorneys or representatives for destruction of all the products, labels, signs, prints, packages, wrappers, and advertisements in its possession or under its control, bearing the Petitioner's image, likeness, photographs or any related representations.

iii. Deliver to the Petitioner's attorney's or representatives, a list containing the names, addresses, phone numbers, e-mail addresses and any other identifying information for all persons and their companies in India and in other countries to whom they have distributed, sold or shipped the products or marketing, promotional or advertising materials that bear or incorporate Petitioner's image, likeness, photographs or any related representations." 2.

Notice was issued in the petition on 17.01.2025 and by the same order, Respondent was restrained from using the images of the Petitioner while promoting its products till the next date of hearing. Interim order has continued till date.

3.

Learned counsel for the Petitioner, on instructions, submits that despite a restraint order, images of the Petitioner are still available on some social media platforms. Counsel for the Respondent refutes this position. However, without prejudice it is submitted that in case any images of the Petitioner are available on any social media platform, the same shall be taken down without any delay.

4.

This petition is disposed of making interim order dated 17.01.2025 absolute and recording the undertaking of the Respondent that if images of the Petitioner are available on any social media platforms, the same shall be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

taken down forthwith.

5.

Pending application stands disposed of.

JYOTI SINGH, J AUGUST 19, 2025/RW/YA/Shivam The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.