The court established that a prima facie case for relief exists when trademark infringement is evident, justifying ex parte interim injunction to prevent irreparable harm.

ORDER

[VIA VIDEO CONFERENCING]

I.A.2045/2022 (u/O XI Rule 1(4) to file additional documents)

1. The present application filed on behalf of the plaintiff seeks leave to file additional documents under the Commercial Courts Act, 2015.

2. The plaintiff is granted thirty days' time to file additional documents.

3. Accordingly, the application stands disposed of.

I.A.2046/2022 (Extension of time in furnishing the court fee and to remit the court fee to SHCI)

4. For the reasons stated in the application, the same is allowed.

5. The Stockholding Corporation of India is directed to issue the e-court fees to the counsel for the plaintiff.

6. Upon making the necessary payment, the Court Fees and Process Fees be filed within four weeks from today.

7. The application stands disposed of.

I.A.2047/2022 (for exemption from filing original documents)

8. Subject to the plaintiff filing original documents on which it may seek to place reliance, within four weeks from today, exemption is granted for the present.

9. The application is disposed of.

I.A.2048/2022 (for exemption from vernacular, legible copies of dim documents, certified copies of orders, true typed copies & left hand proper margin of documents)

10. Subject to the plaintiff filing vernacular, legible copies of dim documents, certified copies of orders, true typed copies & left hand proper margin of documents on which it may seek to place reliance, within four weeks from today, exemption is granted for the present.

11. The application is disposed of.

I.A.2049/2022 (for exemption from prior service to the defendant)

12. For the reasons stated in the application, the same is allowed.

I.A.2050/2022 (for exemption from instituting pre-litigation mediation)

13. For the reasons stated in the application, the same is allowed.

CS(COMM) 85/2022

14. Let the plaint be registered as a suit.

15. Summons be issued to the defendants through all permissible modes.

16. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file an affidavit of admission/denial of the documents of the plaintiff, without which the written statement(s) shall not be taken on record.

17. Liberty is given to the plaintiff to file replication(s), if any, within fifteen days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiff, an affidavit of admission/denial of the documents of the defendants, be filed by the plaintiff.

18. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall be also filed with the pleadings.

19. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

20. List before the Joint Registrar on 11th April, 2022 for completion of service, pleadings, admission and denial of documents and marking of exhibits.

21. List before the Court on 07th July, 2022 for framing of issues.

I.A.2044/2022 (u/O XXXIX R-1 & 2)

22. The present suit has been filed on beha