The court granted an ex parte ad interim injunction to protect the plaintiff's well-known trademark 'FAIRMONT', establishing a prima facie case and emphasizing the balance of convenience and potential irreparable harm.

% 09.04.2024 I.A. 7980/2024 (Seeking leave to file additional documents)

1. The present application has been filed on behalf of the plaintiff under Order 11 Rule 1(4) of the Code of Civil Procedure, 1908 (“CPC”) as applicable to commercial suits under the Commercial Courts Act, 2015 seeking to place on record additional documents.

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

3. Accordingly, the present application is disposed of.

I.A. 7981/2024 (Exemption from pre-institution mediation)

1. Having regard to the facts of the present case and in light of the The Order is downloaded from the DHC Server on 12/04/2024 at 17:35:39

judgement of Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Private Ltd. , FAO (COMM) 128/2021 , exemption from attempting pre institution mediation is allowed.

2. Accordingly, the application stands disposed of.

I.A. 7982/2024 (Exemption from filing original documents)

1. This is an application seeking exemption from filing original documents. Plaintiff undertakes that the inspection of original documents shall be given, if demanded, or the original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018.

2. Application is disposed of.

I.A. 7983/2024 (Exemption from filing typed copies etc.)

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

2. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance before the next date of hearing.

3. Accordingly, the present application is disposed of.

CS(COMM) 299/2024

1. Let the plaint be registered as a suit.

2. Upon filing of process fee, issue summons to the defendant by all permissible modes. Summons shall state that the written statement be filed by the defendant within 30 days from the date of receipt of summons. Along The Order is downloaded from the DHC Server on 12/04/2024 at 17:35:39

with the written statement, the defendant shall also file affidavit of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record. Liberty is given to the plaintiff to file a replication within 30 days of the receipt of the written statement. Along with the replication, if any, filed by the plaintiff, affidavit of admission/denial of documents filed by the defendant, be filed by the plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

3. List before the Joint Registrar for marking of exhibits on 11th July,

2024.

4. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

I.A. 7979/2024 (Application under Order XXXIX Rule 1 and 2 CPC)

1. This application has been filed under Order XXXIX Rule 1 and 2 of the CPC as part of the suit seeking decree of permanent injunction restraining the defendant from using, advertising, promoting, displaying, in any manner whatsoever, the plaintiff’s trademark ‘FAIRMONT’ either by itself or as part of defendant’s mark ‘OCTAVE FAIRMONT SUITES’ being used by the defendant as part of one of their hotels located at Indiranagar, Bengaluru.

2. Plaintiff is a company organised under the laws of Luxembourg, Europe and is the proprietor of the trademark ‘FAIRMONT’. The mark ‘FAIRMONT’ is claimed to be adopted by plaintiff’s predecessor in interest in the year 1907 in San Francisco and has been in use ever since. The brand The Order is downloaded from the DHC Server on 12/04/2024 at 17:35:39

developed through a chain of entities over a period of time. The trademark registrations in favour