In a significant order protecting plant breeders’ rights, the Delhi High Court has restrained a Kapurthala-based agricultural firm, Shri Ram Farms, from producing or marketing its potato variety ‘SRF-C51’. The court observed that the disputed variety was genetically identical or at least derived from the same parental line as Mahindra HZPC’s registered potato variety ‘Colomba’.
The order, delivered by Justice Tejas Karia on September 16, 2025, came during the hearing of a commercial suit filed by Mahindra HZPC Private Limited.
Background
The dispute began when Mahindra HZPC accused Shri Ram Farms of illegally cultivating and selling a potato strain deceptively similar to its proprietary variety, Colomba. The company argued that this amounted to infringement under India’s plant variety protection laws.
Earlier, a court-appointed local commissioner faced resistance while collecting crop samples from the defendants’ farm in Punjab. A police officer present during the inspection was later asked to explain his inaction. Justice Karia took note of the contradiction between his affidavit-where he denied any obstruction-and the commissioner’s report stating she was prevented from taking samples. However, the judge accepted the officer’s affidavit and excused his presence for future hearings.
The court had also noted that the defendants, represented by Advocate Renu Arora, failed to file their written statement within the prescribed period, effectively leaving them without a defence on record.
Court’s Observations
During the hearing, Justice Karia examined the expert analysis filed in a sealed cover. The report concluded that the potato samples seized from Shri Ram Farms shared genetic markers with Mahindra’s Colomba variety. “It could be concluded that the plaintiff’s sample and the defendant’s samples are either from the same cultivator or share common parental lines,” the expert’s report stated.
When the court questioned the defendants’ counsel via video conferencing, technical interruptions and muted responses prompted the judge to remark that such behaviour violated the Delhi High Court’s Electronic Evidence and Video Conferencing Rules, 2025. As a result, Ms. Arora was barred from appearing before the bench via video conference in future proceedings.
“The court cannot permit such disregard for procedure during virtual hearings,” the bench observed, underscoring the need for professional conduct in online courtrooms.
Read also:- Supreme Court Tells Delhi Trial Court to Take Suo Motu Action Against False Witnesses in 2019
Decision
Finding a “clear prima facie case” in Mahindra’s favour, the court granted an ad-interim injunction against Shri Ram Farms and its affiliates. Justice Karia ruled that continuing the sale or promotion of ‘SRF-C51’ would cause “irreparable injury” to the plaintiff and mislead farmers.
The order restrains the defendants from:
- Producing, selling, or marketing ‘SRF-C51’ or any product infringing Colomba.
- Using the denomination ‘Colomba’ or similar names in any form.
- Passing off their goods as Mahindra’s products.
- Continuing to promote their potato variety through a YouTube video that falsely claimed it was identical to Colomba. The court directed the video’s immediate removal.
With these directions, the High Court disposed of the interim injunction plea and listed the matter for further hearing on January 19, 2026.
Case Title: Mahindra HZPC Pvt. Ltd. & Ors. vs. Shri Ram Farms & Ors.
Case No.: CS(COMM) 985/2024 & I.A. 44338/2024
Date of Order: 16 September 2025
