ORDER

% 02.08.2024 I.A. 35234/2024 (Exemption from filing original copies) 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 original/true typed copies.

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

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

4. Accordingly, the present application is disposed of.

I.A. 35233/2024 (Exemption from instituting Pre-Litigation 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. 35232/2024 (Application seeking leave to file additional documents) 8. This is an application seeking leave to file additional documents under Order XI Rule 1(4) as amended by the Commercial Courts, Commercial Appellate Division of the High Courts Act, 2015, read with 151 CPC.

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.

CS(COMM) 643/2024 11. None appears for the defendant, despite valid advance service.

12. Attention of this Court has been drawn to the document at PDF page 226 of the document folder, which is an excerpt from the website of the defendant, wherein, the contact details of the defendant company, have been given.

13. Let the plaint be registered as suit.

14. Upon filing of the process fee, issue summons to the defendant by all permissible modes. Summons shall state that the written statement be filed by the defendant within thirty days from the date of receipt of summons.

Along with the written statement, the defendant shall also file affidavit of admission/denial of the plaintiff‟s documents, without which, the written statement shall not be taken on record.

15. Liberty is given to the plaintiff to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of 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 the documents, the same shall be sought and given within the timelines.

16. List before the Joint Registrar (Judicial) for marking of exhibits, on 25 th September, 2024.

17. List before the Court, on 11 th December, 2024.

I.A. No. 35231/2024 (Application under Order XXXIX Rules 1 and 2 read with Section 151 CPC seeking ex-parte ad-interim injunction) 18. The present suit has been filed against infringement of granted patent bearing no. 410846 , seeking inter alia relief of permanent and mandatory injunction, rendition of accounts, damages and delivery up.

19. Learned Senior Counsel appearing for the plaintiff submits that the instant proceedings have been initiated, in order to protect the plaintiff‟s statutory rights in the patent bearing no. 410846 dated 25 th January, 2021, titled as „AN INTEGRATED PRE - SORTATION SYSTEM‟, gran ted by the Indian Patent Office. Attention of thi