ORDER

% 10.04.2024 I.A. 8162/2024 (Application under Order XXVI Rule 9 of CPC)

1. This application has been filed under Order XXVI Rule 9 read with Order XXXIX Rule 7 of Code of Civil Procedure, 1908 (“CPC”) by plaintiff.

2. This application has not been pressed at this stage, and it will be considered at the later stage.

I.A.8163 /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. 8164 /2024 (Exemption from pre-institution mediation)

1. Having regard to the facts of the present case and in light of the 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. Accordingly, the application stands disposed of.

I.A. 8165 /2024 (Exemption from filing certified, typed copies of dim annexures 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.

I.A. 8166 /2024 (Exemption from advance service to the defendant).

1. This application has been filed for serving complete set of paper book upon the defendant in advance.

2. Exemption is granted.

3. Application stands disposed of.

CS(COMM) 304/2024

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 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 15th July, 2024.

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

I.A. 8161/2024 (Application under Order XXXIX Rules 1 and 2 of CPC)

1. This application has been filed under Order XXXIX Rules 1 & 2 of CPC as part of the accompanying suit filed by plaintiff, seeking permanent injunction against the defendant and all others acting on his behalf restraining them from using the plaintiff’s trademark ‘FREEMANS’ and/or any other mark which is identical or deceptively similar in respect of any goods including protective hand gloves and restraining them from any other act amounting to infringement of the trademark.

2. As per counsel for plaintiff, it is a company incorporated under the Companies Act, 1956 and having its registered office at Punjab.

3. The trade mark ‘FREEMANS’ was originally invented and adopted by the predecessors of the plaintiff in the year 1950 when the predecessors started manufacturing metal wired measuring tapes by hand.

4. In the year 1962, the Freemans product portfolio expanded to manufacture of fibreglass measuring

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