2025 Supreme(Online)(Del) 6521
IN THE HIGH COURT OF DELHI AT NEW DELHI
DAYANAND TYAGI (TRADING AS M/S TYAGI CHEMCIALS AND ADHENSIVE) VS. HIFZUR REHMAN AND ORS
CS(COMM) 925/2025
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 925/2025 AKTIEBOLAGET VOLVO & ORS. .....Plaintiffs Through: Ms. Mamta Rani Jha, Mr. Anubhav Chhabra & Ms. Ritu Khandelwal, Advocates.
Versus RAVINDRA SINGH BISHT, TRADING AS LIFEGUARD APPLIANCES .....Defendant Through: None.
CORAM:
HON’BLE MR. JUSTICE TEJAS KARIA
O R D E R
% 01.09.2025 IA No.21478/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
1. The present Application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (“CPC”) as applicable to commercial suits under the Commercial Courts Act, 2015 (“CC Act”) seeking leave to place on record additional documents.
2. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side)
Rules, 2018.
3. Accordingly, the Application stands disposed of.
I.A. No.21479/2025 (Exemption from pre-institution Mediation)
4. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.
5. As the present matter 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.
6. The Application stands disposed of.
I.A. No.21480/2025 (Exemption from advance service to the Defendant)
7. This is an Application filed by the Plaintiffs under Section 151 of the CPC, seeking exemption from advance service to the Defendant.
8. Ms. Mamta Rani Jha, the learned Counsel for the Plaintiffs, submitted that there is a real and imminent likelihood that the Defendant may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Marks.
9. In view of the fact that the Plaintiffs have sought an urgent ex parte ad- interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendant is granted.
10. The Application is disposed of.
IA No.21481/2025 (Exemption)
11. Exemption is allowed, subject to all just exceptions.
12. The Application stands disposed of.
CS(COMM) 925/2025
13. Let the Plaint be registered as a Suit.
14. Issue Summons to the Defendant through all permissible modes upon filing of the Process Fee.
15. The Summons shall state that the Written Statement shall be filed by the Defendant within 30 days from the date of the receipt of Summons. Along with the Written Statement, the Defendant shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement shall not be taken on record.
16. Liberty is granted to the Plaintiffs to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendant be filed by the Plaintiffs, without which the Replication shall not be taken on record.
17. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
18. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
19. List before the Joint Registrar on 27.10.2025 for completion of service and pleadings.
I.A. No.21476/2025 (U/O XXXIX Rule 1 & 2 of CPC)
20. This is an Application under Order XXXIX Rule 1 and 2 of the CPC seeking ad-interim injunction against the Defendant.
21. Issue Notice through all permissible modes upon filing of the Process Fees.
22. Ms. Mamta Rani Jha, the learned Counsel for the Plaintiffs made the following submissions before this Court:
22.1. The Plaintiffs were incorporated under the laws of Sweden and have their core business in the transportation and autom