$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 64/2026 PASS CODE HOSPITALITY PRIVATE LIMITED (PROP. OF REGD. TRADEMARK JAMUN) .....Plaintiff Through: Mr. Sumeher Bajaj and Ms. Lakshmi Kailasan, Advocates.

versus JAMUN THE ROOFTOP .....Defendant Through: Mr. Ashish Kumar Garg, Defendant in person.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 23.01.2026 I.A. 1956/2026 (Pre-Institution Mediation)

1. This is an application filed on behalf of the plaintiff seeking exemption from instituting Pre-Litigation Mediation under Section 12A of the Commercial Courts Act, 2015 (“CC Act”).

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. Keerthi, (2024) 5 SCC 815, exemption from the requirement of Pre-Institution Mediation is granted.

3. The application stands disposed of. I.A. 1957/2026 (Additional Documents)

4. The present application has been filed on behalf of the plaintiff under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (“CPC”) as applicable to CC Act seeking leave to place on record additional documents.

5. 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.

6. Accordingly, the Application stands disposed of.

I.A. 1955/2026 (Stay)

7. Mr. Ashish Kumar Garg, the defendant appears in person through video conferencing mode. He submits that he has voluntarily given an undertaking cum affidavit dated 21.01.2026 to the plaintiff unequivocally agreeing that the plaintiff is the prior adopter, registered proprietor and exclusive owner of the trademarks . He also further states that in order to amicably resolve the disputes and to avoid further litigation, he has executed the undertaking cum affidavit which shall be binding, irrevocable and

enforceable.

8. He submits that the conditions mentioned in the undertaking have been read and correctly understood by him and he stands by the said undertakings. He also further submits that his Aadhar Card has also been annexed to the undertaking cum affidavit.

9. Learned counsel appearing for the plaintiff submits that in view of the said undertaking, this Court may dispose of the suit as being settled under the provisions akin to that of Order XXIII Rule 3 of the CPC.

10. The undertaking cum affidavit is handed over by the learned counsel for the plaintiff and is taken on record. The same is marked as Exhibit-A. For the ease of convenience, the undertaking is extracted hereunder:

“UNDERTAKING-CUM-AFFIDAVIT I, Ashish Kumar Garg, owner of Jamun The Rooftop under the proprietorship concern M/s Heera Foods, having its place of business at Heera Courtyard, NH-2, Delhi-Mathura Highway, Opposite CNG Filling Station, Mathura, Uttar Pradesh-281003, do hereby solemnly affirm and state as under:

1. That I am the proprietor of the Respondent in the matter titled Pass Code Hospitality Private Limited v. Jamun The Rooftop and am fully conversant with the facts and circumstances of the present case. I am competent and duly authorized to swear the present Undertaking-cum-Affidavit, which is being executed voluntarily, out of my own free will, and without any coercion or undue influence.

2. That the Plaintiff, namely Pass Code Hospitality Private Limited, has instituted proceedings before the Hon'ble High Court of Delhi, inter alia, seeking reliefs of permanent injunction restraining infringement of its registered trademarks, passing off, unfair competition, dilution, rendition of accounts, damages, delivery-up and other allied reliefs, arising out of the unauthorized adoption and use by me of the Plaintiff's registered trademarks, namely the word mark "JAMUN" and the associated device mark

which is likely to be listed before the Hon'ble Delhi

High Court on 23.01.2026.

3. That I have been duly served in advance in the aforesaid proceedings and, thereafter, I approached the Plaintiff expressing my desire not to contest