JUDGMENT

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

I.A.25076/2023 (for exemption)

2. This is an application seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, left side margins, electronic documents, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side)

Rules, 2018.

3. Exemption is allowed, subject to all just exceptions.

4. Accordingly, the application is disposed of.

I.A.25075/2023 (for additional documents)

5. This is an application seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, ‘Commercial Courts Act’). 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 and the DHC (Original Side) Rules, 2018. 6. Application is disposed of.

I.A.25077/2023 (u/S 12A of the Commercial Courts Act)

7. This is an application filed by the Plaintiff seeking exemption instituting pre-litigation mediation under Section 12A of the Commercial Courts Act. The Supreme Court in Yamini Manohar v. T.K.D Keerthi, 2023 SCC OnLine SC 1382, has observed that in absence of any statutory requirement or rules enacted by the Central Government, a plaint need not be accompanied with a specific application to waive the process of pre- litigation mediation. The Court can decide whether an exemption from instituting of pre-litigation mediation should be granted or not. The said decision is to be made based on the facts and circumstances of each case as also the pleadings and oral submissions in the Court.

8. Accordingly, in view of the above decision of the Supreme Court, this application is disposed of.

CS (COMM) 884/2023

9. Let the plaint be registered as a suit.

10. Issue summons to the Defendant. Summons are accepted by Mr.

Miglani, ld. Counsel.

11. The written statement to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statement, the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.

12. Liberty is given to the Plaintiff to file the replication within 15 days of the receipt of the written statement. 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 any documents, the same shall be sought and given within the timelines.

13. List before the Joint Registrar for marking of exhibits on 12th February, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

14. List before Court on 10th May, 2024.

I.A. 25074/2023 (u/O XXXIX Rules 1 & 2 CPC)

15. The present suit has been filed by the Plaintiff- Freebit AS seeking an injunction against the Defendant- Exotic Mile Private Limited in respect of the Plaintiff’s granted patent bearing number IN 276748 (hereinafter ‘suit patent’). The title of the invention is ‘Improved Earpiece’ and the bibliographic details of the said patent are set out below:

16. The case of the Plaintiff is that it has designed ‘C-Shape earphone interface’. The illustration as given in paragraph 15 of the plaint is set out as under:

17. As per paragra