ORDER

% 25.07.2024 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 translated copies, clearer copies/documents with correct margins.

I.A. 34035/2024 (Exemption from filing clear/certified copies of documents) 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, within four weeks from today, or before the next date of hearing.

4. Accordingly, the present application is disposed of.

5. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.

I.A. 34034/2024 (For Additional Documents) 6. 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.

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

8. This is an application under Section 151 CPC seeking extension of thirty days for filing hash report and certificate of expert under Section 63(4)(c) of Bharatiya Sakshya Adhiniyam, 2023 (“BSA”).

I.A. 34037/2024 (Application seeking extension of time to file documents under Section 63(4)(C) of the BSA) 9. In view of the averments made in the application, the same is allowed and extension sought is granted.

10. Let the needful be done, accordingly.

11. With the aforesaid directions, the application is disposed of.

12. The present is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 of CPC for exemption from undergoing Pre-institution Mediation.

I.A. 34036/2024 (Exemption from Pre-Institution Mediation) 13. 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.

14. Accordingly, the application stands disposed of.

15. None appears for the defendant despite advance service.

CS(COMM) 602/2024 16. Let the plaint be registered as suit.

17. 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.

18. 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.

19. List before the Joint Registrar (Judicial) for marking of exhibits on 17 th 20. List before the Court on 26 September, 2024.

th November, 2024.

21. The present suit has been filed for permanent injunction restraining trade mark infringement, passing off, acts of unfair competition, seeking damages/rendition of accounts and other appropriate relief.

I.A. 34033/2024 (Application under Order XXXIX Rules 1 and 2 CPC) 22. Learned counsel appearing for the plaintiff submits that the plaintiff uses numerous marks on and in relation to its goods and services. The mark ‘SANDVIK’ is