$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 708/2025 HERO INVESTCORP PRIVATE LIMITED & ANR ......Plaintiffs Through: Ms. Aastha Sharma and Ms.

Jahanvi Sharma, Advocates.

versus BHARAT LUBRICATING CENTRE .....Defendant Through: None.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 18.07.2025 I.A. 16830/2025- Exemption from pre-institution mediation

1. Vide the present application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of the Code of Civil Procedure, 1908 (CPC), the plaintiffs seek exemption from pre-institution mediation.

2. Considering the averments made in the present application, as also since there is contemplation of grant of urgent interim relief, and the products involved are intended for human usage, and the possibility of consumer deception is likely to cause detriment to public interest, the plaintiffs are exempted from instituting pre-institution mediation, more so, since accompanying applications under Order XXXIX rule/s 1 & 2 CPC and under Order XXVI rule 9 CPC have also been filed herewith.

3. Accordingly, the present application is allowed and disposed of.

I.A. 16828/2025-by plaintiffs for Additional documents

4. Vide the present application under Order XI rule 1(4) read with Section 151 of the CPC, the plaintiffs seek leave of this Court to file CS(COMM) 708/2025 Page 1 of 12 additional documents.

5. The plaintiffs will be at liberty to file additional documents at a later stage, albeit, after initiating appropriate steps, strictly as per the provisions of the Commercial Courts Act, 2015 read with Section 151 of the CPC and the Delhi High Court (Original Side) Rules, 2018.

6. Accordingly, the present application stands disposed of.

I.A. 16829/2025- Exemption from advance service

7. Vide the present application under Section 151 of the CPC, the plaintiffs seek exemption from advance service upon the defendant.

8. Learned counsel for the plaintiffs submits that considering the position involved, particularly since appointment of a Local Commissioner for execution of search and seizure of evidence/ counterfeit products at the premises of defendant are sought, there is a likelihood that the apprehensions of the plaintiffs will become a reality in case advance service is effected and therefore, an exemption from effecting advance service is necessary.

9. For the reasons stated in the application, as also taking into account the aforesaid factors and in the interest of justice, the plaintiffs are granted exemption from effecting advance service upon the defendant.

10. Accordingly, the present application is allowed and disposed of.

CS(COMM) 708/2025

11. Vide the present plaint, the plaintiffs seek grant of permanent and mandatory injunction restraining trademark infringement, copyright infringement, design infringement, passing-off, act of unfair competition, seeking damages, rendition of accounts, delivery up and other appropriate reliefs against the defendant.

CS(COMM) 708/2025 Page 2 of 12

12. Let the plaint be registered as a suit.

13. Upon filing of the process fee, issue summons of the suit to the defendant through all permissible modes returnable before the learned Joint Registrar on 29.10.2025.

14. The summons shall state that the written statement be filed by the defendant within a period of thirty days from the date of the receipt of the summons. Written statement be filed by the defendant along with affidavit of admission/ denial of documents of the plaintiffs, without which the written statement shall not be taken on record.

15. Replication thereto, if any, be filed by the plaintiffs within a period of fifteen days from the date of receipt of written statement. The said replication, if any, shall be accompanied by with affidavit of admission/ denial of documents filed by the defendant, without which the replication shall not be taken on record within the aforesaid period of fifteen days.

16. If any of the parties wish to seek inspection of any document(s), the same shall be