$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1165/2025 & I.A. 27077-27081/2025 CAPITAL FOODS PRIVATE LIMITED .....Plaintiff Through: Mr. Pravin Anand, Mr. Rohil Bansal and Mr. Chirayu Prahlad, Advs.

versus DAMYAA (PJ) FOODS PRIVATE LIMITED .....Defendant Through: None CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 03.11.2025 I.A. 27078/2025

1. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (‘CPC’) [as amended by the Commercial Courts Act 2015] read with Section 151 CPC, within thirty (30) days.

2. The Plaintiff, if it wishes 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.

3. For the reasons stated in the application, the same is allowed.

4. Accordingly, the application is disposed of.

I.A. 27079/2025

5. This application has been filed by the Plaintiff under Section 151 CPC seeking exemption from filing clearer copies of documents which are, dim, illegible and unclear.

6. The typed and/or fair copies of the illegible documents be filed within two (2) weeks.

7. Accordingly, the application stands disposed of.

I.A. 27080/2025

8. 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.

9. 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. Keerthi¹, exemption from the requirement of pre-

institution mediation is granted to the Plaintiff.

10. Accordingly, the application stands disposed of.

I.A. 27081/2025

11. This is an application filed under section 149 CPC read with section

151 CPC, seeking extension of time to file court fees.

12. It is stated that Court Fees shall be deposited within one (1) week. The plaintiff is granted one week to file the Court Fees certificate, failing which the plaint shall stand rejected under Order VII Rule 11(b) CPC.

13. Accordingly, the application is disposed of.

CS(COMM) 1165/2025

14. Let the plaint be registered as a suit.

15. Summons be issued to the Defendant by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.

16. The summons shall indicate that the written statement must be filed within thirty (30) days from the date of receipt of the summons. The Defendant shall also file affidavit of admission/denial of the documents filed by the Plaintiff, failing which the written statement shall not be taken on record.

17. The Plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by Defendant, failing which the replication shall not be taken on record.

18. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

19. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

20. List before the learned Joint Registrar (J) on 17.12.2025.

21. List before Court on 09.04.2026.

I.A. 27077/2025

22. This is an application filed under Order XXXIX, Rules 1 and 2 read with Section 151 CPC on behalf of the Plaintiff seeking ad-interim injunction against the Defendant.

23. Case setup in the plaint is as under:

23.1 The Plaintiff Company [now acquired by Tata Consumer Products Limited], is an associate of the TATA Group and is a leading food enterprise engaged for over two decades in manufacturing, marketing, and retailing a diverse range of food products including sauces, noodles, condiments, soups, and ready-to-eat items. It pioneered the concept of ‘Desi Chinese’

1 (2024) 5 SCC 815 cuisine. For the financ