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IN THE HIGH COURT OF DELHI AT NEW DELHI
Saurabh Banerjee
Mittal Electronics – Appellant
Versus
Kei Electricals And Electronics – Respondent
ORDER :
I.A. 8191/2025- Pre-institution mediation
1. Vide the present application filed under Section 12A of the Commercial Courts Act, 2015 , read with Section 151 of the Code of Civil Procedure, 1908 (‘CPC’), the plaintiff seeks exemption from pre-litigation mediation.
2. Considering the averments made in the present application, as also since the plaintiff is simultaneously seeking ex parte ad interim injunction, and in view of the order passed by the Hon’ble Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2024 (5) SCC 815, which has been followed by a Division Bench this Court in Chandra Kishore Chaurasia v. R. A. Perfumery Works Private Limited, 2022:DHC:4454-DB, the plaintiff is exempted from instituting pre-litigation mediation.
3. Accordingly, the present application stands disposed of.
I.A. 8190/2025-Exp
4. Exemption allowed, subject to all just exceptions.
5. The application stands disposed of.
I.A. 8189/2025-Addl.doc.
6. Vide the present application filed under Order XI Rule 1(4) read with Section 151 of the CPC, the plaintiff seeks leave of this Court to file additional documents.
7. The plaintiff will be at liberty to file additional documents at a later stage, albeit, after
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The court established that the plaintiff's established goodwill and the likelihood of consumer confusion justified granting an interim injunction against the defendant's use of an identical trademark....
The court granted an ex parte ad interim injunction against the defendants for using a deceptively similar trademark, prioritizing public health and safety.
Trademark infringement and passing off established due to deceptive similarity in marks.
The court granted an injunction against defendants for trademark infringement, emphasizing consumer safety and the risk of confusion caused by similar branding.
Exemption from pre-litigation mediation and protection of trademark rights established through prior use warrant injunction against infringing party.
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