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% 02.08.2024 I.A. 35333/2024 (Exemption from filing clearer copies)

1. The present is an application under Section 151 of the Code of Civil Procedure (“CPC”), 1908 seeking an exemption from filing clearer copies or documents with exact margins and/or which are handwritten or English translations, certified copies and from filing originals of the relevant documents at this stage, along with supporting affidavit.

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

CS(COMM) 638/2024 Page 1 of 25

3. Plaintiff 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. 35331/2024 (Application seeking leave to file additional documents) 5. The present is an application filed on behalf of the plaintiff under Order XI Rule 1(4) of the CPC, as amended by the Commercial Courts Act, 2015, seeking leave to file 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, and the DHC (Original Side) Rules, 2018.

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

I.A. 35335/2024 (Exemption from advance service to the defendant)

8. The present is an application under Rule 22 of Delhi High Court Intellectual Property Rights Division Rules, 2022, read with Section 151 CPC, seeking exemption from advance service to the defendant.

9. The plaintiff seeks urgent interim relief, and has also sought appointment of a Local Commissioner. Therefore, in the peculiar facts and circumstances of this case, exemption from effecting advance service upon the defendant, is granted.

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

I.A. 35332/2024 (Exemption from instituting Pre-Litigation Mediation)

11. 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.

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12. 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.

13. Accordingly, the application stands disposed of.

CS(COMM) 638/2024

14. Let the plaint be registered as suit.

15. 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.

16. 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.

17. List before the Joint Registrar (Judicial) for marking of exhibits on

19th September, 2024.

18. List before the Court on 19th December, 2024.

CS(COMM) 638/2024 Page 3 of 25 I.A. 35330/2024 (Application under Order XXXIX Rules 1 and 2 read with Section 151 CPC seeking ex-parte ad-interim injunction)

19. The present suit has been filed for permanent injunction restraining infringement and passing off, of trademark/trade name/artistic work, damages, rendition of account, delivery up, etc.

20. It is submitted that the plaintiff