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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1423/2025

HERO INVESTCORP PRIVATE LIMITED & ANR .....Plaintiffs

Through: Mr. Kunal Khanna, Mr. Madhav

Anand, Mr. Krtin Bhasin, Mr.

YashveerSingh,Mr.UditSharma,Mr.

Kaulik Mitra & Mr. Param Goel,

Advocates.

Versus

SHREE AMBIKA INDUSTRIES THROUGH ITS

PROPRIETORMANISH GUPTA .....Defendant

Through: None.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 24.12.2025

IA No. 32739/2025 (Exemption from pre-institution Mediation)

1. This is an Application filed by the Plaintiffs seeking exemption from

instituting pre-litigation Mediation under Section 12A of the Commercial

Courts Act, 2015.

2. 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.

3. The Application stands disposed of.

IA No.32741/2025 (to mask the identifies of the Parties)

4. ThePlaintiffsapprehendfailureoftheLocalCommissioniftheidentity

of the Defendant is revealed and has requested masking of identities of the

Parties till the filing of the report of the Local Commissioner in compliance

CS(COMM)1423/2025 Page 1 of 13

This is a digitally signed order.

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The Order is downloaded from the DHC Server on 19/01/2026 at 20:47:53

with the Practice Direction No.139/Rules/DHC dated 27.05.2025.

5. Exemption is granted, subject to all just exceptions.

6. The Application is disposed of.

IA No.32742/2025 (Extension of time to file Court Fees)

7. The present Application has been filed by the Plaintiffs under Section

149 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”),

seeking exemption from payment of Court Fees at the time of the filing of the

Suit.

8. Considering the submissions made in the present Application, time of

two weeks is granted to file the Court Fees.

9. The Application stands disposed of.

IA No.32740/2025 (Exemption from advance service to the Defendant)

10. This is an Application filed by the Plaintiffs under Section 151 of the

CPC, seeking exemption from advance service to the Defendant.

11. Mr. Kunal Khanna, learned Counsel for the Plaintiffs, submitted that

thereisarealandimminentlikelihoodthattheDefendantmaytakeimmediate

steps to dispose of, conceal or suppress its infringing business operations and

digital footprints bearing the deceptively similar Trade Mark.

12. In viewof the factthat the Plaintiffshave sought anurgent ex-partead-

interiminjunctionalongwiththeappointmentoftheLocalCommissioner,the

exemption from advance service to the Defendant is granted.

13. The Application is disposed of.

CS(COMM) 1423/2025

14. Let the Plaint be registered as a Suit.

15. Issue Summons. Let the Summons be served to the Defendant through

all permissible modes upon filing of the Process Fee.

CS(COMM)1423/2025 Page 2 of 13

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 20:47:53

16. The Summons shall state that the Written Statement shall be filed by

the Defendant within30days fromthe 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.

17. 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.

18. 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