IN THE HIGH COURT OF DELHI AT NEW DELHI
ONEPLUS TECHNOLOGY (SHENZHEN) CO LTD. & ANR. VS. KIRATECH INNOVATIONS PRIVATE LIMITED & ANR.
CS(COMM) 1438/2025
##PAGE1##
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1438/2025 & I.A. 32994/2025
STONEX INDIA PRIVATE LIMITED .....Plaintiff
Through: Ms. Meenakshi Ogra, Mr. Tarun
Khurana, Mr. Samrat S. Kang, Mr.
Vishnu Gambhir, Mr. Anubhav Gupta
and Ms. Chhvi Pande, Advs.
versus
MOHIT KUMAWAT .....Defendant
Through: None
CORAM:
HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 24.12.2025
I.A. 32998/2025(seeking leave to file additional documents)
1. This is an application under Order XI Rule 1(4) [as amended by the
Commercial Courts Act, 2015] read with Section 151 of the Code of Civil
Procedure, 1908 [‘CPC’], seeking leave to file additional documents within
thirty (30) days.
2. The Plaintiff, if they wish to file additional documents will file the
same within thirty (30) days from today, and they 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.
CS(COMM) 1438/2025 Page 1 of 15
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 19/01/2026 at 20:12:28
##PAGE2##I.A. 32996/2025(seeking exemption from pre-institution 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. 32997/2025 (seeking exemption from filing certified copies)
8. This is an application under Section 151 CPC, filed on behalf of the
Plaintiff seeking liberty/exemption from filing clearer copies, certified
copies and certain documents, which may be found to be dim, photocopy or
not of appropriate font size or lacking the prescribed margins.
9. Subject to the Plaintiff re-filing the aforesaid documents as per Rules
within a period of thirty [30] days from today, exemption is granted for the
present, failing which, the Plaintiff will not be entitled to rely upon these
documents.
10. Accordingly, the application is disposed of.
I.A 32999/2025 (seeking time for filing the required certificate)
11. This is an application filed by the Plaintiffs under Section 151 CPC
seeking time for filing the required certificate under Section 63(4)(c) of the
Bharatiya Sakshya Adhiniyam, 2023 [‘BSA’].
12. The certificate under Section 63(4)(c) of BSA is directed to be filed
CS(COMM) 1438/2025 Page 2 of 15
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 19/01/2026 at 20:12:28
##PAGE3##within four (4) weeks.
13. Accordingly, the application is disposed of.
I.A. 33000/2025(seeking exemption from advance service)
14. This is an application filed under Section 151 of CPC on behalf of the
Plaintiff seeking exemption from service of the suit paper-book on the
Defendant.
15. In view of the fact that the Plaintiff has sought an ex-parte ad-interim
injunction along with the appointment of a Local Commissioner, the
exemption from effecting advance service upon the Defendant is granted.
16. Accordingly, the application stands disposed of.
CS(COMM) 1438/2025
17. The present suit has been filed for seeking permanent injunction
retraining infringement and passing off Plaintiff’s registered
trademarks/wordmarks and device marks along with other ancillary reliefs.
18. Let the plaint be registered as a suit.
19. Summons be issued to the Defendant by all permissible modes on
filing of process fee.
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