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2023 Supreme(Del) 2592

C. HARI SHANKAR
Novartis Ag – Appellant
Versus
Novaegis (India) Private Limited – Respondent


Advocates appeared:
Ms. Mamta Rani Jha, Mr. Abhijeet Rastogi, Ms. Mamta Bhadu and Mr. Abhay Tandon, Advocates, for the Plaintiff.
Mr. Jayant Kumar, Advocate, for the Defendant.

ORDER

I.A. 3132/2023 (under Section 12A of the Commercial Courts Act, 2015)

1. In view of the judgment of the Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltd., 2022 SCC OnLine Del 3529, exemption is granted from the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.

2. The application stands allowed accordingly.

I.A. 3131/2023 (under Order XI Rule 1(4) CPC)

3. This application seeks permission to file additional documents.

4. The plaintiffs are permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act within 30 days from today.

5. The application stands disposed of accordingly.

I.A. 3133/2023 (exemption from advance service)

6. As Mr. Jayant Kumar has entered appearance, this application is rendered infructuous and is disposed of as such.

CS (COMM) 86/2023

7. Plaintiff 2 is the licensee of Plaintiff 1, under a trade mark license agreement dated 7th October 2005. Plaintiffs 1 and 2 would, therefore, be collectively referred to as "the plaintiffs".

8. The plaintiffs claimed to have ad








































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