Delhi High Court Grants Interim Injunction Against Potato Variety Infringement

Mahindra HZPC Secures Legal Victory to Protect Registered Plant Variety "COLOMBA" from Market Imitation

In a significant legal development, the Delhi High Court has granted an interim injunction in favor of Mahindra HZPC Private Limited, effectively restraining Shri Ram Farms and associated parties from producing, selling, or marketing a potato variety that allegedly infringes Mahindra HZPC's registered plant variety "COLOMBA." The order, dated September 16, 2025, was delivered by Justice Tejas Karia, highlighting the court's stance on protecting intellectual property rights within the agricultural sector.

The plaintiffs, Mahindra HZPC, sought legal recourse under the Civil Procedure Code, 1908, asserting that the defendants' potato variety "SRF-C51" was in violation of their registered plant variety "COLOMBA." The court, upon reviewing the submissions, documents, and expert reports, found a prima facie case in favor of the plaintiffs. The balance of convenience was deemed to tilt towards Mahindra HZPC, with the potential for irreparable injury if an injunction was not granted.

The court's order mandates that the defendants, including their directors, affiliates, and all acting on their behalf, cease any commercialization of the infringing potato variety. Moreover, they are restrained from using any denomination or trade name that is identical or deceptively similar to "COLOMBA." In a move to curb further infringement, the court also directed the removal of a YouTube video promoting the infringing product, acknowledging the digital platform's role in product marketing.

This case underscores the judiciary's commitment to enforcing plant variety protection laws, thereby fostering a fair competitive environment in the agricultural industry. The interim injunction will remain in effect until the final disposal of the suit, scheduled for a subsequent hearing on January 19, 2026.

The legal representation for the plaintiffs included advocates Saikrishna Rajagopal, Dr. Amitavo Mitra, and others, while the defendants were represented by advocate Renu Arora. In a procedural note, the court barred Ms. Arora from appearing via video conferencing in future proceedings due to a breach of the Electronic Evidence and Video Conferencing Rules, 2025.

Bottom Line:

Interim injunction granted to restrain defendants from producing, selling, or marketing potato variety infringing plaintiffs' registered plant variety "COLOMBA" and from using any identical or deceptively similar denomination.

Statutory provision(s):  

- Civil Procedure Code, 1908, Order XXXIX Rules 1 & 2  

- Section 151 of the Code of Civil Procedure, 1908  

- Delhi High Court (Original Side) Rules, 2018  

- Electronic Evidence and Video Conferencing Rules, 2025

Mahindra HZPC Private Limited v. Shri Ram Farms, (Delhi) : Law Finder Doc Id # 2797187