01Facts
The respondent (Philips) sued the appellants for infringing Indian Patent IN 218255, a Standard Essential Patent (SEP) regarding "EFM+ coding" technology for DVDs
¶ 1, 11After the patent expired, the suits survived only for damages
¶ 2On 20 February 2025, a Single Judge awarded substantial damages based on an estimated production of 10,000 DVDs per stamper
¶ 3, 20On 5 January 2026, the Division Bench granted a partial stay of execution conditioned upon the appellants furnishing unconditional bank guarantees for the principal decretal amount
¶ 7-8The appellants filed these Review Petitions seeking an absolute stay without any deposit or guarantee
¶ 802Issues
i.Whether the awarded damages being higher than the amount originally claimed in the plaint (without amendment) constitutes an error apparent on the face of the record justifying a review of the discretionary order for stay
¶ 27-29ii.Whether the principles laid down in *Lifestyle Equities C.V. v. Amazon Technologies Inc* necessitate a total waiver of the security requirement under Order XLI Rule 5 of the CPC in this specific case
¶ 28, 3403Law Applied
The court applied Order XLVII Rule 1 of the CPC regarding the narrow scope of review, which requires an "error apparent on the face of record"
¶ 29, 31It further applied Order XLI Rule 5 of the CPC, noting that the ordinary norm for staying a money decree is the deposit of the decretal amount
¶ 8, 30The court distinguished *Lifestyle Equities C.V. v. Amazon Technologies Inc (2025)*, which allows for a waiver of deposit only in "extraordinary" cases where the judgment is prima facie palpably unsustainable or involves non-service of parties
¶ 34-35It also considered *Ramnik Madhvani v. Taraben Madhvani (2004)* regarding the impermissibility of awarding reliefs not claimed in the pleadings
¶ 28, 4104Reasoning
The court reasoned that a review of a discretionary order is only permissible if the exercise of discretion was "palpably impermissible in law"
¶ 32While the appellants argued that the damages awarded exceeded the ₹50 lakhs claimed in the plaint, the court observed that the Single Judge's findings on infringement and the FRAND royalty rate of US $0.03 were not prima facie challenged or discredited
¶ 17, 38-39Unlike *Lifestyle Equities*, the appellants here participated in the trial and were found to be non-forthcoming regarding production data
¶ 38The court found that although the "10,000 DVDs per stamper" estimate was speculative (which is why only a bank guarantee for the principal was ordered rather than a full deposit), the overall circumstances did not warrant an unconditional stay
¶ 24-25, 42-4305Holding
The court dismissed the review petitions, holding that no error apparent on the face of the record existed
¶ 44, 49The court refused to grant an absolute stay without security but, in the interest of equity, extended the time to furnish the bank guarantees by two weeks
¶ 47Failure to furnish the guarantees within this period will result in the automatic dismissal of the stay applications
¶ 48Original Court PDF
Surinder Kumar Wadhwa & Anr. v. Koninklijke Philips N.V. [RFA(OS)(COMM) 13/2025] and Maj (Retd.) Sukesh Behl Proprietor, M/S Pearl Engineering Company & Anr. v. Koninklijke Philips N.V. [RFA(OS)(COMM) 8/2025]
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Original judgment, available to read, download and summarize on LawLens.in
![Absence of Plaint Amendment Does Not Warrant Absolute Stay Where Evidentiary Findings Support Grant of Damages at FRAND Rates. Surinder Kumar Wadhwa & Anr. v. Koninklijke Philips N.V. [RFA(OS)(COMM) 13/2025] and Maj (Retd.) Sukesh Behl Proprietor, M/S Pearl Engineering Company & Anr. v. Koninklijke Philips N.V. [RFA(OS)(COMM) 8/2025]. Delhi High Court. LawLens](/stories/thumbnails/absence-of-plaint-amendment-does-not-warrant-absolute-stay-where-evidentiary-findings-supp-6757daf1b03a4130be8d25026686a5af.webp)