Evasive Tactics In Infringement Checked With Punitive Damages

One of the frequently adopted tactics employed by the defendant is non-appearance or evasion of Court proceedings. Retention of account is one of the major grounds for relief and the most celebrated way of avoiding the same is through non-appearance. But, presently the Judiciary has formulated principles to place check on these tactics. The Delhi High Court in the case of Asian Paints (India) Ltd. V Balaji Paints & Chemicals & Ors 2006 (33) PTC 683 (Del), reflects the current position as it has taken a strong view, that defendants who choose to stay away from proceedings of the court purely to escape damages should be burdened with the punitive damages, because on top of the impugned issue defendant’s action impinges on the reputation of the plaintiff. Every endeavour should be made to discourage parties from indulging in such acts for a larger public purpose.