2025 Supreme(Online)(Del) 46808
IN THE HIGH COURT OF DELHI AT NEW DELHI
ITC LIMITED VS. ARPITA AGRO PRODUCTS PVT LTD & ORS.
CS(COMM) 1410/2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1410/2025
THE INDIAN PERFORMING RIGHT SOCIETY
LIMITED .....Plaintiff
Through: Ms. Swati Sukumar, Senior Advocate
with Mr. Mukul Kochhar & Ms.
Kanupriya Sabharwal, Advocates
Versus
MJ BIZCRAFT LLP .....Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
O R D E R
% 23.12.2025
I.A. No.32603/2025 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. No.32602/2025 (Exemption from pre-institution Mediation)
3. This is an Application filed by the Plaintiff 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
CS(COMM)1410/2025 Page1of7
This is a digitally signed order.
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##PAGE2##2023 SCC OnLine SC 1382, exemption from the requirement of pre-
institution Mediation is granted.
5. The Application stands disposed of.
IA No.32605/2025 (seeking leave to place on record a pen drive)
6. The Plaintiff has filed the present Application under Section 151 of
the Code of Civil Procedure, 1908 (“CPC”) seeking permission to place on
record a pen drive containing recording of the Defendants event “Deep
Jandu New Year Event” along with supporting affidavit.
7. In the facts and circumstances as stated in the Application, the same is
allowed. The pen drive be taken on record.
8. Accordingly, the Application stands disposed of.
CS(COMM) 1410/2025
9. Let the Plaint be registered as a Suit.
10. Issue Summons. Let the Summons be served to the Defendant through
all permissible modes including dasti upon filing of the Process Fee.
11. The Summons shall state that the Written Statement shall be filed by
the Defendant within 30 days from the 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 Plaintiff, without which the
Written Statement shall not be taken on record.
12. Liberty is granted to the Plaintiff to file Replication, if any, within 30
days from the receipt of the Written Statement. Along with the Replication
filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of
Defendant be filed by the Plaintiff, without which the Replication shall not
be taken on record.
CS(COMM)1410/2025 Page2of7
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 23:09:35
##PAGE3##13. 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
list of reliance, which shall also be filed with the pleadings.
14. If any of the Parties wish to seek inspection of any documents, the
same shall be sought and given within the prescribed timelines.
15. List before the learned Joint Registrar on 25.02.2026 for completion
of service and pleadings.
IA No.32604/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
16. The present Application has been filed on behalf of the Plaintiff 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.
17. The Plaintiff is permitted to file additional documents in accordance
with the provisions of the CC Act and the Delhi High Court (Original Side)
Rules, 2018.
18. Accordingly, the Application stands disposed of.
IA No.32601/2025 (U/O XXXIX Rules 1 & 2 of CPC)
19. Issue Notice. Notice be served through all permissible modes upon
filing of the Process Fees.
20. The Plaintiff have filed the present Suit, inter alia, seeking permanent