Atomberg Technologies Private Limited vs Eureka Forbes Limited

2025 INSC 1253 REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) NO(S). 1983 OF 2025

ATOMBERG TECHNOLOGIES PRIVATE LTD. ...PETITIONER(S)

VERSUS

EUREKA FORBES LIMITED & ANR. …RESPONDENT(S)

WITH TRANSFER PETITION (C) NO(S). 2174 OF 2025

JUDGMENT

1. The petitioner in Transfer Petition (Civil) No. 1983 of 2025,

seeks transfer of the Suit for Infringement 1 (Delhi Suit) instituted by

the respondent no.1 before the High Court of Delhi to the High Court

of Judicature at Bombay, where the petitioner’s Suit for Groundless

Threat of Infringement is pending adjudication. Respondent no.1 also

filed Transfer Petition (Civil) No. 2174 of 2025, seeking transfer of the

Suit for the Groundless Threat of Infringement 2 (Bombay Suit) Signature Not Verified Digitally signed by KAPIL TANDON Date: 2025.10.17 18:14:47 IST Reason: 1 CS (COMM) NO. 663 of 2025 2 COMMERCIAL IP (L) No. 19837 of 2025

1 instituted by the petitioner before the High Court of Judicature at

Bombay to the High Court of Delhi

2. The petitioner, engaged in the manufacturing and selling of

home and kitchen appliances, launched a water purifier under the

unique and distinctive mark "Atomberg Intellon" on June 20, 2025.

Soon after the launch, the petitioner became aware that respondent

no. 1, a competitor in the manufacturing of water purifiers, allegedly

made groundless and unjustified oral communications to the

petitioner’s distributors and retailers, claiming that the petitioner's

product infringed their patents and threatened legal proceedings.

These threats caused apprehension and fear among the petitioner's

customers and distributors, affecting the petitioner's business. In

response to these groundless threats of patent infringement, the

petitioner instituted the Bombay Suit on 01.07.2025, under Section

106 of the Patents Act, 1970, seeking relief from such threats made

by respondent no. 1.

3. The respondent no.1, who is also engaged in the manufacturing

and selling of home and kitchen appliances, including water

purifiers, allegedly discovered that the petitioner had launched

"Atomberg Intellon" water purifiers on June 20, 2025, featuring

2 patented technologies owned by them. It is alleged by respondent

no.1 that petitioner’s product included customizable taste and TDS

adjustment modes, which mirror the respondent no.1’s patented

innovations. It is further alleged that respondent no.2, Ronch

Polymers Pvt. Ltd, which is the petitioner’s manufacturer, had

previously served as the respondent no.1’s contract manufacturer,

giving them access to confidential product knowledge. When

respondent no.1 came to know about the product of the petitioner, it

purchased the petitioner’s product by placing an order online and

received the delivery of the product in Delhi. Upon technical analysis

of the delivered product, it is alleged that the patent infringement was

confirmed. Consequently, the respondent no.1 instituted the Delhi

Suit for patent infringement under Section 104 of the Patents Act,

1970, along with an application for injunction seeking to restrain the

petitioner from patent infringement.

4. Thus, we have two competing transfer petitions, where, while

the petitioner seeks the Transfer of the respondent no.1’s suit for

infringement instituted before the Delhi High Court to the Bombay

High Court, respondent no. 1 seeks the transfer of the suit for

3 Groundless Threat of Infringement instituted before the Bombay

High Court to the Delhi High Court.

5. We have heard the learned counsel for the parties and perused

the material on record.

6. The learned senior counsel for the petitioner submits that the

Delhi Suit should be transferred to the Bombay High Court for the

following reasons.

i. The suit filed by the petitioner for groundless threats of

patent infringement in Bombay was instituted prior to the

suit instituted by the respondent no.1 in Delhi for patent

infringement.

ii. The petitioner and respondent no.1, have their registered

offices in Mumbai, which is within the territorial

jurisdiction of the Bombay High Court, making it the most

appropriate forum for adjudication.

iii. The respondent is deliberately engaging in forum shopping

by filing the subsequent suit in Delhi. This attempt to

invoke jurisdiction in Delhi is based solely on online

purchases and delivery of the product to Delhi, which is an

insufficient ground to create jurisdiction, especially when

4 the parties have a longstanding business presence and

offices in Mumbai. Such conduct has been consistently

disapproved by courts as an abuse of the judicial process.

iv. The issues involved in both suits substantially overlap. The

Delhi Suit and the Bombay Suit raise identical questions of

law and fact, especially concerning the alleged infringement

of the patents in relation to the petitioner’s water purifier

product.

v. The multiple proceedings on the same issues and parties

before two different courts lead to the risk of conflicting

judgments, unnecessary duplication, and wastage of

judicial resources.

vi. The Bombay Suit not only predates the Delhi Suit but was

also served upon the respondent no. 1 well in advance,

placing them on notice of the dispute. The burden of proving

patent infringement lies on the respondent no.1 in both

suits, making the hearing of both suits by the same forum

prudent to ensure consistency, prevent multiplicity, and

avoid prejudice to the petitioner.

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7. Per contra, the learned senior counsel for the respondent no.1

submits that

i. The suit pending before the Delhi High Court is the

substantive suit and should be retained there for

adjudication.

ii. The Delhi Suit concerns the core issue of patent

infringement, which involves detailed factual and technical

determination, and therefore demands the exercise of

jurisdiction by the court having prima facie cause of action

within its territorial limits.

iii. It is further submitted that the Bombay Suit instituted by

the petitioner for groundless threats is procedural and

limited in scope, merely seeking declarations and

injunctions against threats without delving into the full

merits of patent validity or infringement.

iv. The Bombay Suit is ancillary and cannot substitute the

substantive relief sought in the Delhi Suit.

v. It is further submitted that the respondent has not indulged

in forum shopping, as the cause of action for infringement

arose within the jurisdiction of the Delhi High Court. The

6 online purchase and delivery of the petitioner’s product at

Delhi suffices to confer territorial jurisdiction, consistent

with legal principles governing patent infringement suits

under Section 104 of the Patents Act and Section 20 of the

Code of Civil Procedure. Moreover, the respondent no.1

points out that the petitioner has entered appearance and

raised objections in the Delhi Suit, indicating acceptance of

jurisdiction and the suitability of the forum.

vi. Given the technical complexity and the reliefs claimed in

the infringement suit, the Delhi High Court is the

appropriate forum to try such matters.

8. Analysis: In view of the limited scope vested in this Court while

exercising its jurisdiction under Section 25 of CPC, we will not enter

into the question of determination as to which of the two suits has a

wider scope.

9. The petitioner’s suit for Groundless Threat of Infringement is

governed by Section 106 of the Patents Act,1970. Prior to the

enactment of the Patents Act, 1970, the law relating to patents was

governed by the Indian Patents and Designs Act, 1911 (hereinafter,

the 1911 Act), which, vide Section 162 of the Patents Act, 1970, was

7 repealed insofar as it related to patents. Section 36 of the 1911 Act

titled Remedy in case of groundless threats of legal proceedings, while

enabling a person to institute a suit to obtain an injunction against

the continuance of threat of legal proceedings or liability in respect

of an alleged infringement of patent, in proviso thereto provided that

the said provision shall not apply if any action for infringement of the

patent was commenced and prosecuted with due diligence. The same

was thus at par with the provisions in the other statutes governing

the intellectual property rights of Trade Mark and Copyright.

However, while enacting the 1970 Act and providing Section 106

therein, the proviso as existed to the pari materia provision in the

1911 Act, was deleted. 3 Thus, it is clear that with the enactment of

the 1970 Act, the negatory provision that was present in the 1911

Act has been done away with, meaning thereby that the petitioner’s

suit for Groundless Threat of Infringement governed by Section 106

of the Patents Act, 1970, has an independent cause of action from

that of a suit for infringement instituted by the respondent no.1,

governed by Sections 104 and 108 of the Patents Act, 1970.

3 Excerpt from Order dated 23.01.2020 passed in CS(COMM)-342/2019 by the Delhi High Court

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10. From the careful examination of the pleadings and the

submissions before us, it is evident that:

i. The suit for groundless threat of infringement instituted by

the petitioner before the Bombay High Court on 01.07.2025

is prior in time to the institution of the suit for infringement

by the respondent no.1 on 07.07.2025.

ii. Jurisdiction at Delhi was invoked by the respondent no.1

by purchasing the product from an online portal and getting

it delivered in Delhi.

iii. The question of fact, law, and the issues to be determined

in the suit for groundless threat of infringement instituted

by the petitioner and the suit for infringement instituted by

the respondent no. 1 are substantially overlapping.

11. This Court in Chitivalasa Jute Mills v. Jaypee Rewa Cement4:

while allowing a Transfer Petition observed:

“9. On the facts averred in the two plaints filed by the two parties before two different courts, it is clear that the parties are substantially the same. …... The fact remains that the cause of action alleged in the two plaints refers to the same period and the same transactions…… What is the cause of action alleged by one party as foundation for the relief prayed for and the decree sought for in one case is the

4 (2004) 3 SCC 85

9 ground of defence in the other case. The issues arising for decision would be substantially common. Almost the same set of oral and documentary evidence would be needed to be adduced for the purpose of determining the issues of facts and law arising for decision in the two Suits before two different courts. Thus, there will be duplication of recording of evidence if separate trials are held. The two courts would be writing two judgments. The possibility that the two courts may record findings inconsistent with each other and conflicting decrees may come to be passed cannot be ruled out.

11. The transfer petition is allowed….”

12. In the light of the facts, submissions, materials on record and

the foregoing discussion, in the interest of saving precious judicial

time and to avoid duplication and multiplicity of proceedings, it

would be expedient to transfer the suit for infringement instituted by

the respondent no.1 pending before the Delhi High Court to the

Bombay High Court where the suit instituted by the petitioner for

Groundless Threat of Infringement is pending.

13. For the reasons, we allow the Transfer Petition (Civil) No. 1983

of 2025 and direct the transfer of the Delhi Suit being CS (COMM)

No. 663 of 2025 titled “Eureka Forbes Limited Versus Atomberg

Technologies Private Limited And Anr”, pending in the High Court of

Delhi at New Delhi, to the Bombay High Court to be tried along with

Commercial IP (L) No. 19837 of 2025 filed by the petitioner. The

10 injunction applications in the suit may be taken up and disposed of

expeditiously.

14. Consequently, Transfer Petition (Civil) No. 2174 of 2025 filed by

the respondent no.1 is dismissed.

15. Pending applications, if any, shall stand disposed of.

………………………………....J. [PAMIDIGHANTAM SRI NARASIMHA]

………………………………....J. [ATUL S. CHANDURKAR]

NEW DELHI;

October 17, 2025

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