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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1408/2025

MYOKARDIA INC. & ANR. .....Plaintiffs

Through: Mr. Pravin Anand, Ms. Prachi

Agarwal, Ms. Arpita Kulshreshtha,

Ms. Elisha Sinha and Mr. Manan

Mondal, Advocates.

versus

LUCIUS PHARMACEUTICAL & ANR. .....Defendants

Through: Mr. Naman Joshi, Ms. Priya Goyal

and Mr. Aakash Deep Singh,

Advocates for D2.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 23.12.2025

I.A. 32502/2025(Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The Application stands disposed of.

I.A. 32500/2025(Exemption from pre-institution Mediation)

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

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

Courts Act, 2015 (“CC Act”).

4. 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.

5. The Application stands disposed of.

CS(COMM)1408/2025 Page1of9

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 23:09:09

I.A. 32501/2025(Extension of time to file Court Fees)

6. 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.

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

two weeks is granted to deposit the Court Fees.

8. The Application stands disposed of.

CS(COMM) 1408/2025

9. Let the Plaint be registered as a Suit.

10. Issue Summons. The learned Counsel for Defendant No. 2 accepts

Summons.

11. Let the Summons be served to Defendant No. 1 through all

permissible modes upon filing of the Process Fee.

12. The Summons shall state that the Written Statement(s) shall be filed

by the Defendants within 30 days from the date of the receipt of Summons.

Along with the Written Statement(s), the Defendants shall also file an

Affidavit of Admission / Denial of the documents of the Plaintiffs, without

which the Written Statement(s) shall not be taken on record.

13. Liberty is granted to the Plaintiffs to file Replication(s), if any, within

30 days from the receipt of the Written Statement(s). Along with the

Replication(s) filed by the Plaintiffs, an Affidavit of Admission / Denial of

the documents of Defendant(s) be filed by the Plaintiffs, without which the

Replication(s) shall not be taken on record.

14. 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

CS(COMM)1408/2025 Page2of9

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 23:09:09

list of reliance, which shall also be filed with the pleadings.

15. If any of the Parties wish to seek inspection of any documents, the

same shall be sought and given within the prescribed timelines.

16. List before the learned Joint Registrar on 27.02.2026 for completion

of service and pleadings.

I.A. 32499/2025(Additional Documents)

17. The present Application has been filed on behalf of the Plaintiffs

under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits

under the CC Act, seeking leave to place on record additional documents.

18. The Plaintiffs are permitted to file additional documents in

accordance with the provisions of the CC Act and the Delhi High Court

(Original Side) Rules, 2018.

19. Accordingly, the Application stands disposed of.

I.A. 32498/2025(for seeking discovery, production & inspection of

Defendants’ documents)

20. This Application has been filed by the Plaintiffs under Order XI Rule

1(