Exemptions granted for filing documents and mediation; plaintiff's claims of infringement supported by registration and DNA evidence under the Protection of Plant Varieties and Farmers’ Rights Act.

O R D E R

% 05.09.2024 I.A. 38451/2024 (Exemption from filing clear copies of documents)

1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), on behalf of the plaintiff, seeking exemption from filing clearer copies and/or with exact margins and/or appropriate translations or typed version of handwritten documents and from filing English language translations or originals or other relevant documents.

2. Exemption is granted, subject to all just exceptions.

3. Applicant shall file legible, clear, and translated copies of the documents, on which the plaintiff may seek to place reliance, before the next date of hearing.

CS(COMM) 759/2024 Page 1 of 5

4. Accordingly, the present application is disposed of.

I.A. 38450/2024 (Exemption from instituting Pre-Institution Mediation) 5. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.

6. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar Versus T.K.D. Keerthi, 2023 SCC OnLine SC 1382, and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption from attempting Pre-Institution Mediation, is granted.

7. Accordingly, the application stands disposed of.

I.A. 38449/2024 (Application seeking leave to file additional documents) 8. This is an application under Order XI Rule 1(4) read with Section 151 CPC, as amended by the Commercial Courts Act, 2015, seeking leave to file additional documents.

9. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of Commercial Courts Act, 2015, and the Delhi High Court (Original Side) Rules, 2018.

10. The application is disposed of, with the aforesaid directions.

I.A. No. 38452/2024 (Application seeking time for filing the certificate under Section 63(4)(c) of the Bharatiya Sakshiya Adhiniyam, 2023)

11. The present is an application seeking time to file the requisite certificate under Section 63(4)(c) of the Bharatiya Sakshiya Adhiniyam, 2023 and under Order XI Rule 6(3) of the CPC.

12. In view of the averments made in the application, the same is allowed, CS(COMM) 759/2024 Page 2 of 5 and extension as sought, is granted.

13. Let the needful be done, accordingly.

14. With the aforesaid directions, the present application is disposed of.

I.A. No. 38453/2024 (Application seeking Interrogatories)

15. The present is an application on behalf of the plaintiff seeking interrogatories under Order XI Rule 2 (as amended by the Commercial Courts Act, 2015) read with Chapter IV of the Delhi High Court (Original Side) Rules and Section 151 CPC.

16. The interrogatories concern the details of the business of the defendants, i.e., quantum of stock manufactured and sold under the infringing marks/packaging; and also manufactured and lying with them under the infringing marks/packaging, period of use, etc.

17. Issue notice.

18. List before Court on 19th September, 2024.

CS(COMM) 759/2024 & I.A. No. 38448/2024 (Application under Order XXXIX Rules 1 and 2 CPC)

19. None appears for the defendants despite service.

20. Learned counsel appearing for the plaintiff submits that service was affected through E-mail to both the parties, on the basis of the addresses available on the packaging of the product of the defendants.

21. It is submitted that while the service through E-mail to defendant no. 1 was not successful, as the E-mail bounced back, however, service to defendant no. 2 was successful through E-mail.

22. The present suit is a suit for permanent injunction restraining infringement of maize plant varieties ‘P3355’ and its parent lines ‘PH2NGW’ and ‘PH1B26’, passing off, damages, rendition of accounts etc.

CS(COMM) 759/2024 Page 3 of 5

23. Learned counsel appearing for the plaintiff has drawn the attention of this Court to the