O R D E R

% 23.12.2024 I.A. 49527/2024 (exemption)

1. Allowed, subject to plaintiffs filing original/clear/certified/translated copies of documents within four weeks.

2. The application stands disposed of.

I.A. 49529/2024 (seeking exemption from advance service to defendant No.5)

3. The plaintiff submits that the present suit is being filed seeking urgent relief and the contact details of the defendant no. 5, which is a foreign entity, is not available on the internet.

4. In view of the fact, the plaintiff is exempted from serving an advance copy of the present suit on defendant no. 5 at this stage.

5. The plaintiff shall serve the complete paper book of the present suit CS(COMM)1184/2024 Page1of10 on defendant no.5 as and when the contact information of the said defendant no. 5 is made available during the proceedings.

6. The application is disposed of.

I.A. 49526/2024_(O-XI R-1(4) of the Commercial Courts Act)

7. The present application has been filed on behalf of the plaintiffs seeking leave to file additional documents under the Commercial Courts Act, 2015.

8. The plaintiffs are permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

9. Accordingly, the application is disposed of.

I.A. 49525/2024 (u/s 12A of Commercial Courts Act, 2015)

10. As the present suit contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC Online SC 1382, exemption from the requirement of pre-institution mediation is granted.

11. The application stands disposed of.

I.A. 49528/2024 (seeking time for filing certificate u/S 63(4)(c) of BSA)

12. This application has been filed on behalf of the plaintiff seeking time for filing the certificate under Section 63 (4) (c) of the Bhartiya Sakshya Adhiniyam, 2023.

13. For the reasons stated in the application, the same is allowed. The plaintiff shall file the requisite certificate under Section 63(4)(c) of the Bhartiya Sakshya Adhiniyam, 2023 within four (4) weeks.

14. The application stands disposed of.

CS(COMM)1184/2024 Page2of10 CS(COMM) 1184/2024

15. Let the plaint be registered as a suit.

16. Despite advance service, none has appeared on behalf of defendants no.1 to 4.

17. Issue summons.

18. Summons be issued to the defendants through all modes. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file an affidavit of admission/denial of the documents of the plaintiffs, without which the written statement(s) shall not be taken on record.

19. Liberty is given to the plaintiffs to file replications, if any, within thirty days from the receipt of the written statement(s). Along with the replications filed by the plaintiffs, an affidavit of admission/denial of the documents of the defendants be filed by the plaintiffs.

20. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

21. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

22. List before the Joint Registrar on 24th February, 2025 for completion of service and pleadings.

23. List before the Court on 4th April, 2025.

CS(COMM)1184/2024 Page3of10 I.A. 49524/2024 (u/O-XXXIX Rule 1 & 2 of Code of Civil Procedure, 1908)

24. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademark and copyright of the plaintiffs, passing off along with other ancillary reliefs.

CASESETUPINTHEPLAINT

25. The plaintiff no.1, Exphar S.A., is a company incorporated in Belgiu