Exemption from pre-litigation mediation and protection of trademark rights established through prior use warrant injunction against infringing party.

ORDER :

I.A. 18781/2025

1. This is an application under Section 151 of the Code of Civil Procedure, 1908 seeking exemption from filing certified copies, translated copies of certain documents [details whereof are mentioned at paragraph no. 2 of this application].

2. Plaintiff shall file translated, legible and certified copies of the exempted documents, compliant with practice rules, before the next date of hearing.

3. In view of the aforesaid, this application stands disposed of.

I.A. 18782/2025

4. The present application has been filed by the Plaintiff seeking exemption from instituting pre-litigation mediation under Section 12A of the1 Commercial Courts Act, 2015 [‘Act of 2015’] read with Section 151 of CPC.

5. Having regard to the facts of the present suit contemplates urgent interim relief and in light of the of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 15, exemption from the requirement of pre-institution mediation is granted to the Plaintiff.

6. Accordingly, this application stands disposed of.

I.A. 18784/2025

7. This is an application under Section 151 CPC, filed by the Plaintiff seeking exemption from effecting advance service on the Defendant.

8. For the reasons stated in this application, the same is allowed.

9. Accordingly, this application stands disposed of.

CS(COMM) 854/2025

10. Let the plaint be registered as a suit.

11. Summons be issued to the Defendant by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.

12. The summons shall indicate that the written statement must be filed within thirty (30) days from the date of receipt of the summons. The Defendant shall also file affidavit of admission/denial of the documents filed by the Plaintiff, failing which the written statement shall not be taken on record.

13. The Plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by Defendant, failing which the replication shall not be taken on record.

14. 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 also be filed with the pleadings.

15. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

16. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

17. List before the learned Joint Registrar (J) for completion of services and pleadings on 26.09.2025

18. List before the Court on 17.02.2026.

I.A. 18779/2025

19. This is an application under Order XXXIX Rules 1 and 2 CPC seeking ex-parte ad interim injunction in favour of the Plaintiff and against the Defendant.

20. The case set up by the Plaintiff in the plaint, may be summarised as under: -

20.1. The Plaintiff – M/s Haveli Restaurant & Resorts Ltd, has been operating its business extensively, with its restaurants and related services enjoying widespread recognition across multiple locations in India.

20.2. The Plaintiff has consistently and extensively utilized the mark HAVELI and its derivatives in commerce since 2001, firmly establishing it as a distinctive identifier of origin for its goods and services in the food and hospitality sector. The details of the Plaintiff’s registered trademarks and applied for trademarks are provided at paragraph no. 07 of the plaint.

20.3. The Plaintiff has employed its HAVELI trademark in a distinctive and visually recognizable manner across trade dress, packaging, branding materials, websites and