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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
Valuedrive Technologies Private Limited – Appellant
Versus
Vivo Mobile India Private Limited – Respondent
ORDER :
I.A. 8122/2025 (exemption from filing original/certified/translated/clear copies of documents)
1. Allowed, subject to plaintiff filing translated/clear copies of documents within four (4) weeks.
2. The application stands disposed of.
I.A. 8121/2025 (O-XI R-1(4) of the Commercial Courts Act)
3. The present application has been filed on behalf of the plaintiff seeking leave to file additional documents under the Commercial Courts Act, 2015.
4. The plaintiff is permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
5. Accordingly, the application is disposed of.
I.A. 8125/2025 (seeking time for filing the request certificate under Section 63(4)(c) of the Bharatiya Sakshiya Adhiniyam, 2023
6. This application has been filed by the plaintiff seeking time for filing the request certificate under Section 63(4)(c) of the Bharatiya Sakshiya Adhiniyam, 2023.
7. For the reasons stated in the application, four (4) weeks’ time is granted to file the aforesaid certificate.
8. Application stands disposed of. I.A. 8123/2025 (u/s 149 of the CPC)
9. Counsel for the plaintiff submits that the Court
Exemption from pre-institution mediation granted due to urgency; timelines established for filing documents and responses under the Commercial Courts Act.
The court granted exemption from pre-institution mediation and allowed filing of additional documents due to the urgent nature of the suit, emphasizing procedural compliance.
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.
The court upheld that protecting registered trademarks from potentially infringing use requires establishing a prima facie case, balance of convenience, and potential for irreparable harm.
The court condoned the delay in re-filing the suit under Section 5 of the Limitation Act, emphasizing compliance with procedural rules for document filing.
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