$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1156/2025 & CAV 412/2025, I.A. 26798-802/2025 M/S BHAGWATI ENTERPRISES .....Plaintiff Through: Mr. V. K. Puri and Ms. Anshima Puri, Advocates versus RAJESH KUMAR AGGRAWAL .....Defendant Through: Mr. Sharda Garg and Ms. Pinaki Addy, Advocates (Through VC)

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 30.10.2025 I.A. 26799/2025 (for exemption from filing original/clear/legible copies)

1. This is an application under section 151 of Code of Civil Procedure, 1908 (‘CPC’) seeking exemption from filing original/clear/legible copies with corrected margins.

2. Subject to the Plaintiff filing the original, clear, legible copies with corrected margins sought to be relied upon within four (4) weeks from today, exemption is granted for the present.

3. The application is disposed of.

I.A. 26800/2025 (Application seeking exemption for instituting prelitigation mediation)

4. The is an application under Section 12A of the Commercial Courts Act, 2015 (‘Act of 2015’) read with Section 151 of the CPC, filed by the Plaintiff seeking exemption from instituting pre-litigation mediation.

5. Having regard to the facts of the present suit contemplates urgent interim relief and in light of the of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi, [(2024) 5 SCC 15.], exemption from the requirement of pre-institution mediation is granted to the Plaintiff.

6. Accordingly, the application stands disposed of.

I.A. 26801/2025 (seeking leave to file additional documents)

7. This is an application under Order XI Rule 1(4) of the 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.

8. 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 (‘DHC Rules’).

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

10. Accordingly, the application is disposed of.

CAV 412/2025

11. Since, Mr. Sharda Garg, Advocate enters appearance on behalf of Defendant, the Caveat stands discharged.

CS(COMM) 1156/2025 & I.A. 26798/2025(under order XXXIX Rule 1 & 2)

12. The present suit has been filed for permanent injunction restraining the Defendant from infringement of trademark, passing off, acts of unfair competition and other ancillary reliefs.

13. This Court has perused the plaint and more specifically paragraph nos. 3, 4 and 5 therein. As per paragraph nos. 3, 4 and 5 of the plaint, the Plaintiff allegedly manufactures all the hundreds of goods enlisted in these paragraphs. However, this submission is ex-facie not supported from the documents filed on record by the Plaintiff and is belied by the turnover figures set out in the plaint.

14. Learned counsel for the Plaintiff fairly states that Plaintiff is not manufacturing all these goods. She seeks two (2) weeks time to amend the plaint and to enlist only such products, which are being manufactured by the Plaintiff. The Plaintiff is granted liberty as prayed for and is directed to file documents in support of the proof of manufacture of the goods.

15. Learned counsel for the Defendant seeks and is granted two (2) weeks’ time to file its reply to I.A. 26798/2025(under Order XXXIX, Rule 1 & 2).

16. Rejoinder thereto, if any, be filed within a period of two (2) weeks thereafter.

17. Summons in the suit will be issued after the amended plaint comes on record.

18. List on 03.12.2025.

MANMEET PRITAM SINGH ARORA, J OCTOBER 30, 2025/rhc/IB