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* IN THEHIGH COURTOF DELHIAT NEW DELHI

+ CS(COMM) 1393/2025& I.As. 32346-50/2025

BRITANNIA INDUSTRIES LTD .....Plaintiff

Through: Mr. Sagar Chandra, Ms. Ishani

Chandra, Ms. Shubhie Wahi, Ms.

Sanya Kapoor and Ms. Mansha

Bhatia, Advocates

versus

SHRI SWASTIK ORGANICS & ORS. .....Defendants

Through: None

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 23.12.2025

I.A. 32350/2025(seeking exemptionfrom pre-institution mediation)

1. This is an application filed under Section 12A of the Commercial

Courts Act, 2015, read with Section 151 of the Code of Civil Procedure,

1908 [‘CPC’], seeking exemption from instituting pre-litigation mediation.

2. Having regard to the fact that the present suit contemplates urgent

interim relief, and in light of the judgment of the Supreme Court in Yamini

Manohar v. T.K.D. Keerthi, $~31, exemption from the requirement of pre-

institution mediation is granted to the Plaintiff.

3. Accordingly, the application stands disposed of.

I.A. 32349/2025 (for exemption)

4. This is an application filed under Section 151 of CPC on behalf of the

1 (2024) 5 SCC 815

CS(COMM) 1393/2025 Page 1 of 9

This is a digitally signed order.

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The Order is downloaded from the DHC Server on 19/01/2026 at 22:24:10

Plaintiff, seeking exemptionfrom the filing of certified copies.

5. Subject to the Plaintiff filing certified copies 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.

6. The application is disposed of.

I.A. 32348/2025 (for exemption)

7. This is an application filed under Section 151 of CPC seeking

exemption from filing clear/typed/translated/legible copies.

8. Subject to the Plaintiff filing clear/typed/translated/legible copies

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.

9. The application is disposed of.

I.A. 32347/2025 (for additional documents)

10. This is an application seeking leave to file additional documents 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, within

thirty [30] days.

11. The Plaintiff, if it wishes to file additional documents,shall 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’].

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

13. Accordingly, the application is disposed of.

CS(COMM) 1393/2025 Page 2 of 9

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 22:24:10

CS(COMM) 1393/2025

14. Let the plaint be registered as a suit.

15. Summons be issued to DefendantNos. 1 to 4 by all permissible modes

on filing of the process fee. Affidavit of service be filed within two [2]

weeks.

16. 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 affidavit[s] of admission/denial of the documents

filed by the Plaintiff, failing which the written statement[s] 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[s]. The replication[s] shall be

accompanied by affidavit of admission/denial in respect of the documents

filed by the Defendants, failing which the replication[s] 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 con