ORDER

% 16.01.2024 I.A. 512/2024 (seeking exemption from filing legal proceeding certificate of the Plaintiffs’ registered trademark) 1. Exemption is granted, subject to all just exceptions. The certificate be filed before the next date of hearing.

2. Accordingly, the application stands disposed of.

I.A. 513/2024 (exemption from pre-litigation mediation)

3. As the present suit contemplates urgent interim relief, in light of the Page 2 of 6 judgment of Supreme Court in Yamini Manohar v. T.K.D. Krithi,1 exemption from attempting pre-institution mediation is granted.

4. Disposed of.

I.A. 514/2024 (seeking exemption from filing original/ certified/ clearer/ translated copies of documents, or with proper margins) 5. Exemption is granted, subject to all just exceptions.

6. Plaintiffs shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

7. Accordingly, the application stands disposed of.

I.A. 515/2024 (seeking permission to file certain videos in a CD)

8. Plaintiffs seek leave of the Court to place on record certain video recordings, which form the subject matter of the present suit in a compact disc. Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018, makes it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said Rule is extracted below: -

“24. Reception of electronic evidence -A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry.

The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed Page 3 of 6 as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872.”

9. Registry may receive electronic record on the disc, as long as it is encrypted with a hash value or in any other non-editable format. The video recording contained in disc be placed in the electronic record of the present suit in a format which is non-editable, so that the same can be viewed by the Court during hearing.

10. Application is disposed of.

CS(COMM) 26/2024

11. Let the plaint be registered as a suit.

12. Issue summons in the suit. Mr. Pravin Anand, Advocate, accepts summons on behalf of Defendant Nos. 1 to 4. They waive the requirement of service of formal summons by the Registry and also confirm the receipt of the suit paper-book. Let written statement be filed with the time prescribed in the Code of Civil Procedure, 1908. Issue summons to the remaining Defendants, by all permissible modes, on filing of process fee. Summons shall state that the written statement(s) shall be filed by the Defendants within 30 days from the date of receipt of summons. Along with the written statement(s), Defendants shall also file affidavit(s) of admission/denial of the documents of the Plaintiffs, without which the written statement(s) shall not be taken on record.

13. Liberty is given to Plaintiffs to file replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiffs, affidavit(s) of admission/denial of documents of the Defendant