ORDER

% 29.02.2024 I.A. 4772/2024 (for exemption of filing clearer, typed copies, vernacular and originals of certain documents)

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

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

3. Accordingly, the application stands disposed of.

I.A. 4771/2024 (seeking leave to file additional documents)

4. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.

CS(COMM) 180/2024 Page 2 of 13

5. Applicant, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.

6. Accordingly, the application stands disposed of.

I.A. 4773/2024 (seeking exemption from the requirement of effecting advance service on D-2 to 10)

7. In view of the fact that the Plaintiff has sought ex parte ad-interim injunction, the exemption from advance service to Defendant Nos. 2 to 10 is granted.

8. Application is disposed of.

CS(COMM) 180/2024

9. Let the plaint be registered as a suit.

10. Issue summons. Ms. Savni Dutt Endlaw, counsel accepts summons on behalf of Defendant No. 1. Upon filing of process fee, issue summons to the remaining Defendant(s) by all permissible modes. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the date of receipt of summons. Along with the written statement, the Defendants 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.

11. Liberty is given to the Plaintiff to file a 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 Defendants, 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.

CS(COMM) 180/2024 Page 3 of 13

12. List before the Joint Registrar for marking of exhibits on 1st May,

2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

13. List before Court for framing of issues thereafter.

I.A. 4770/2024 (for ex-parte ad interim injunction)

14. Issue notice. Ms. Endlaw, counsel accepts notice on behalf of Defendant No. 1.

15. The present suit has been filed by the Plaintiff, Abhi Traders, trading through its sole proprietor Mohd Ovals Ali Ansari, for copyright infringement and passing off, and other reliefs including damages against the known Defendant Nos. 1 to 9 and unknown Defendant No. 10, where Defendants No. 2-10 are advertising, publishing and offering for sale, the garments, which are a complete copy of the Plaintiff’s garments and are also misusing the photographs and images in which the Plaintiff owns rights.

16. The case of the Plaintiff is that the Plaintiff is a retailer in clothing items for men and women selling it under its mark “IBRANA ”. They also specialize in ethnic wear, which are designed by their own in-house designers. They offer for sale and advertises their goods on various E-Commerce platforms such as Flipkart and Defendant No.1’s platform ‘www.meesho.com’ [hereinafter ‘Meesho’]. The said products are advertised and promoted through photographs over which the copyright of Plaintiff subsists. Expenditure incurred to run advertisements on Meesho is claimed to be around INR 6,64,315/- from 2021 to till date.

CS(COMM) 180/2024 Page 4 of 13

17. The Plai