$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 710/2025 HERO INVESTCORP PVT LTD AND ANR .....Plaintiffs Through: Mr. Kunal Khanna, Advocate.

versus ASHOK KUMAR (JOHN DOE) .....Defendant Through: None.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 18.07.2025 I.A. 16885/2025 (by the plaintiffs for extension of time to deposit Deficit Court fees)

1. Vide the present application under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 (CPC), the plaintiffs seek extension of time to file the deficit Court fees.

2. For the reasons stated in the application, the plaintiffs are granted only a period of two days to file the deficit Court fees.

3. Accordingly, the application stands disposed of in the aforesaid terms.

I.A. 16883/2025 (Exemption from pre-institution mediation)

4. Vide the present application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 of the CPC, the plaintiffs seek exemption from pre-institution mediation.

5. Considering the averments made in the present application, as also since the plaintiffs are seeking urgent interim relief, and the products involved are intended for usage by the humans, and the possibility of consumer deception is likely to cause detriment to public interest, the plaintiffs are exempted from instituting pre-institution mediation.

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

I.A. 16884/2025 (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/ John Doe.

8. Learned counsel for the plaintiffs submits that considering the position involved, particularly since appointment of Local Commissioner for execution of search and seizure of evidence/ counterfeit products at the premises of defendant is 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) 710/2025

11. Vide the present plaint, the plaintiffs seeks grant of permanent injunction against infringement of trademark, passing off, counterfeiting, delivery up, rendition of accounts, damages etc.

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 30.10.2025.

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(s) 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 with affidavit(s) 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 sought and given within the requisite timelines.

17. List before the learned Joint Registrar for marking exhibits of documents on 30.10.2025. It is made clear that if any party unjustifiably denies any document(s), then it would be liable to be burdened with costs.

I.A. 16881/2025 (Stay)

18. The plaintiffs herein seek grant of permanent injunction restraining trademark infringement, copyright infringement, passing off, act of unfair trade practice, seeki