The court upheld the plaintiff's right to an ex-parte injunction against the defendant's use of a similar mark, emphasizing the protection of established trademarks and the urgency of preventing consumer confusion.

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. 11044/2024 (Exemption from filing the pleadings with proper margins, original documents, certified 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.

2. Accordingly, the present application is disposed of.

I.A. 11045/2024 (Exemption from instituting pre-litigation 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.

2. Accordingly, the application stands disposed of.

I.A. 11046/2024 (Exemption from advance service on the defendant)

1. Since there is an urgency in the matter and the same is being heard today, plaintiff is exempted from serving advance notice on the defendant herein.

2. For the reasons stated in the application, the same is allowed and disposed of.

I.A. 11042/2024 (Seeking permission to conduct interrogatories)

1. Senior Counsel for the plaintiff states that they are not pressing this application.

2. Accordingly, the application is dismissed as withdrawn.

I.A. 11041/2024 (Application for appointment of Local Commissioner)

1. This application has been filed by the plaintiff seeking appointment of Local Commissioner.

2. The present application is being kept pending for the time being.

CS(COMM) 394/2024

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 20th August,

2024.

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

I.A. 11040/2024 (Application under Order XXXIX Rule 1 and 2)

1. This application has been filed under Order XXXIX Rules 1 and 2 of CPC as part of the accompanying suit filed by the plaintiff seeking a decree of permanent injunction restraining defendants, and all those acting for and, on their behalf, from manufacturing, selling, retailing, advertising, dealing with products under the mark ‘FABINDIA’ or any other mark which is deceptively similar to the plaintiff’s mark and other attendant relief.

2. Plaintiff is an Indian retail company specialising in the production and sale of a wide range of handcrafted goods. Plaintiff has extended its presence across India with numerous retails outlets in major cities as well as online presence. The company was incorporated in 1960 and since then has been selling its products under the name ‘FABINDIA’. The reg