Plaintiff established a prima facie case of trademark infringement and copyright violation, leading to an injunction against Defendants' unauthorized use of trademarks.

ORDER

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I.A. No. 7388/2021 (for exemption)

1. Allowed, subject to just exceptions.

2. The application stands disposed of.

I.A. No. 7389/2021 (for seeking exemption from filing attested/apostilled affidavit)

3. The present application under Section 151 of the Code of Civil Procedure, 1908 (in short `CPC') on behalf of the Plaintiff seeks exemption from filing attested/apostilled affidavits.

4. The Plaintiff submits that due to the COVID-19 pandemic situation and resultant restrictions, they are unable to get the attested/apostilled affidavits. Due to the urgency of the matter, the Plaintiff has filed the present suit without the attested/apostilled affidavits.

5. The application is allowed, subject to the Plaintiff filing the exempted documents within two weeks from the day the lockdown restrictions imposed by the Government of NCT of Delhi are lifted and the facility for attestation of affidavits is resumed.

6. The application stands disposed of.

I.A. 7387/2021 (u/Section 149 r/w Section 151 CPC for seeking extension of time in filing of Court fee and one-time process fee)

7. The present application under Section 149 of the CPC on behalf of the Plaintiff seeks extension of time in filing of court fee and process fee.

8. The Plaintiff submits that due to the current COVID-19 pandemic situation and resultant restrictions, he is unable to procure the necessary court fee stamps. Due to the urgency of the matter, the Plaintiff has filed the subject suit without the court fee and process fee.

9. The application is allowed, subject to the Plaintiff filing the requisite court fee and process fee within two weeks from the day the lockdown restrictions imposed by the Government of NCT of Delhi are lifted and the facility for issuance of court fee stamps is resumed.

10. The application stands disposed of.

I.A. 7386/2021 (u/O XI Rule 1(4) of CPC for seeking leave to file additional documents)

11. The present application seeks leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (in short `Commercial Courts Act').

12. The Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act.

13. Accordingly, the application stands disposed of.

CS(COMM) 283/2021

14. Let the plaint be registered as a suit.

15. Upon filing of process fee, issue summons to the Defendants by all permissible modes. Summons shall state that the written statements shall be filed by the Defendants within 30 days from the date of receipt of summons. Along with the written statements, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statements shall not be taken on record.

16. Liberty is given to the Plaintiff to file replications within 15 days of the receipt of the written statements. Along with the replications, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replications shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

17. List before the Joint Registrar for marking of exhibits on 6th August, 2021. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

18. List before the Court on 10th September, 2021. I.A. 7385/2021 (u/O XXXIX Rules 1 and 2 r/w Section 151 of the Code of Civil Procedure, 1908 for a