IN THE HIGH COURT OF DELHI AT NEW DELHI
$~35
CS(COMM) 1186/2025 & I.As. 27612-16/2025
CAPITAL FOODS PRIVATE LIMITED .....Plaintiff
versus
KRS MULTIPRO PRIVATE LIMITED & ANR. .....Defendants
Through: Mr. Dhruv Anand, Mr. Rohil Bansal and Mr. Chirayu Prahlad, Advocates
Through: None
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
07.11.2025
I.A. 27616/2025 (seeking extension of filing court fee and one time process fee)
1. This is an application under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 (‘CPC’), filed by the Plaintiff seeking extension of time to file court fees, and one time process fees.
2. Learned counsel for the Plaintiff states that court fees have been deposited. He seeks one (1) week time to deposit the Court fees certificate.
3. The application is allowed subject to the Court fees certificate being deposited within a period of one (1) week failing which the plaint shall stand rejected under Order VII Rule 11(b) CPC.
4. The application stands disposed of.
I.A. 27615/2025 (seeking exemption for instituting prelitigation mediation)
5. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC, filed by the Plaintiff seeking
exemption from instituting pre-litigation mediation.
6. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi, ((2024) 5 SCC 815), exemption from the requirement of pre-institution mediation is granted to the Plaintiff.
7. Accordingly, the application stands disposed of.
I.A. 27614/2025 (seeking exemption from filing clearer copies of documents)
8. This is an application under section 151 of CPC, filed by the Plaintiff seeking exemption from filing clearer copies of documents which are dim, illegible and unclear.
9. Subject to the Plaintiff filing the clearer copies of documents, which are dim, illegible and unclear sought to be relied upon within four (4) weeks from today, exemption is granted for the present.
10. The application is disposed of.
I.A. 27613/2025 (seeking leave to file additional documents)
11. This is an application under Order XI Rule 1(4) of CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)] read with Section 151 CPC, seeking leave to file additional documents within thirty (30) days.
12. The Plaintiff, if they wish to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 (‘DHC Rules’).
13. For the reasons stated in the application, the same is allowed.
14. Accordingly, the application is disposed of.
CS(COMM) 1186/2025
15. The present suit has been filed for permanent injunction restraining infringement of registered trademarks, passing off and other ancillary reliefs against the Defendants.
16. Let the plaint be registered as a suit.
17. Summons be issued to the Defendants by all permissible modes on filing of process fee. Affidavit of service be filed within one (1) week.
18. The summons shall indicate that the written statement(s) must be filed within thirty (30) days from the date of receipt of the summons. The Defendants shall also file affidavits of admission/denial of the documents filed by the Plaintiff, failing which the written statement(s) shall not be taken on record.
19. The Plaintiff is at liberty to file replications thereto within thirty (30) days after filing of the written statement(s). The replications shall be accompanied by affidavits of admission/denial in respect of the documents filed by the Defendants, failing which the replications shall not be taken on record.
20. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
21. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
22. List before the learned Joint Registrar (J) for completion of service and pleadings, marking of exhibits and admission/denial of documents on 17.12.2025.
23. List before the Court on 15.04.2026.
I.A. 27612/2025 (Under Order XXXIX Rule 1 and 2 CPC)
24. This is an application u
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.