O R D E R

% 23.12.2024 I.A. 49553/2024 (u/O XI Rules 1, 3 and 4 of CPC, 1908)

1. This application has been filed on behalf of the plaintiff seeking discovery, production and inspection of defendants’ documents.

2. Issue notice, returnable on 1st April, 2025.

3. Reply be filed within three (3) weeks.

4. Rejoinder thereto, if any, be filed within two (2) weeks thereafter.

I.A. 49554/2024 (u/O XI Rule 1 (4) of CPC)

5. The present application has been filed on behalf of the plaintiff seeking leave to file additional documents.

6. The plaintiff is permitted to file additional documents in accordance CS(COMM)1188/2024 Page1of 7 with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

7. Accordingly, the application is disposed of.

I.A. 49555/2024 (seeking exemption from filing original/clearer copies etc.)

8. Allowed, subject to the plaintiff filing legible copies of the annexures within four weeks from today.

9. The application stands disposed of.

I.A. 49556/2024 (u/S 149 of CPC)

10. Mr. Pravin Anand, counsel appearing on behalf of the plaintiff, submits that the requisite court fees shall be paid within two weeks.

11. Statement of counsel is taken on record.

12. The application is disposed of.

I.A. 49557/2024 (u/S 12-A of the Commercial Courts Act, 2015)

13. 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.

14. The application stands disposed of.

I.A. 49558/2024 (seeking time to file certificate under Section 63(4)(c) of the BSA, 2023)

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

16. Mr. Pravin Anand, counsel appearing on behalf of the plaintiff submits that the requisite certificate shall be filed within two (2) weeks.

CS(COMM)1188/2024 Page2of 7

17. The aforesaid statement is taken on record.

18. The application stands disposed of.

CS(COMM) 1188/2024

19. Let the plaint be registered as a suit.

20. Issue summons.

21. 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 affidavit of admission/denial of the documents of the plaintiff, without which the written statement(s) shall not be taken on record.

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

23. 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.

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

25. List before the Joint Registrar on 19th February, 2025, for completion of service and pleadings.

26. List before the Court on 1th April, 2025.

CS(COMM)1188/2024 Page3of 7 I.A. 49552/2024 (u/O XXXIX Rules 1 and 2 of CPC)

27. This application under Order XXXIX Rules 1 and 2 CPC, seeking ex parte ad interim injunction is part of the accompanying suit seeking a decree of permanent injunction restraining defendants from infringement of the Plaintiff’s right in the suit patent (IN 42553) and restraining them from manufacturing, selling, promoting or commercially dealing with defendants’ proposed FDC Tablet dosage form comprising of Netupitant and Palonosetron.

28. The case set up in