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2025 Supreme(Online)(Del) 46760

IN THE HIGH COURT OF DELHI AT NEW DELHI
MANKIND PHARMA LIMITED VS. MOTHERKIND PHARMA PRIVATE LIMITED
CS(COMM) 1412/2025



##PAGE1##

$~36

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1412/2025 & I.As. 32611-16/2025

XX .....Plaintiff

Through: Mr. Hemant Singh, Ms. Mamta Rani

Jha, Mr. Abhay Tandon and Ms.

Kriti, Advocates

versus

YY .....Defendant

Through: None

CORAM:

HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 23.12.2025

I.A. 32616/2025 (to mask the identities of the parties)

1. This application under Section 151 of the Code of Civil Procedure,

1908 [‘CPC’] has been filed by the Plaintiffs to mask the identities of the

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

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

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

3. Accordingly, the application stands disposed of.

I.A. 32615/2025 (for exemption)

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

151 of CPC seeking liberty/exemption from filing certain documents which

may be found to be dim, photocopy or not of appropriate font size or lacking

the prescribed margins along with supporting affidavit.

CS(COMM) 1412/2025 Page 1 of 16

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 22:24:56

##PAGE2##

5. Subject to the Plaintiffs re-filing the above documents as required

under the Rules within a period of 30 days from today, exemption is granted

for the present, failing which, the Plaintiffs will not be entitled to rely upon

these documents.

6. Accordingly, the application stands disposed of.

I.A. 32614/2025 (seeking exemption from pre-institution mediation)

7. This application under Section 12A of the Commercial Courts Act,

2015 read with Section 151 CPC has been filed by the Plaintiffs seeking

exemption from instituting pre-litigation mediation.

8. 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 Plaintiffs.

9. Accordingly, the application stands disposed of.

I.A. 32613/2025

10. This application under Section 151 of CPC has been filed on behalf of

the Plaintiffs seeking exemption from service of the suit paper book to the

Defendant.

11. In view of the fact that the Plaintiffs have sought an ex-parte ad-

interim injunction along with the appointment of Local Commissioners, the

exemption from effecting advance service upon the Defendant is granted.

12. Accordingly, the application stands disposed of.

CS(COMM) 1412/2025

13. The present suit has been filed on behalf of the Plaintiffs seeking

relief of permanent injunction restraining the Defendant from infringing the

CS(COMM) 1412/2025 Page 2 of 16

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 22:24:56

##PAGE3##

Indian Patent bearing No. 419280 titled ‘Benzamide Derivates for Inhibiting

the Activity of ABL1, ABL2 and BCR-ABL1’, along with other ancillary

reliefs [Suit Patent/ IN’280].

14. Let the plaint be registered as a suit.

15. Summons be issued to Defendant by all permissible modes on filing

of process fee. Affidavit of service be filed within three (3) 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

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