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2026 Supreme(Online)(Del) 1855

IN THE HIGH COURT OF DELHI AT NEW DELHI
MALTI GUPTA VS. SUNIL KUMAR SETH & ANR.
CS(COMM) 61/2026



$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 61/2026 DELHIVERY LIMITED .....Plaintiff Through: Mr. Essenese Obhan, Ms. Anjuri Saxena and Mr. Mudit Singh, Advocates.

versus JOHN DOE/ASHOK KUMAR AND OTHERS .....Defendants Through:

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 22.01.2026 I.A. 1768/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

I.A. 1770/2026 (for pre-institution mediation)

3. This application is filed on behalf of the Plaintiff under Section 12-A of the Commercial Courts Act, 2015 seeking exemption from Pre-Institution Mediation.

4. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from Pre-Institution Mediation.

5. Application is allowed and disposed of.

I.A. 1769/2026 (u/O XI Rule 1 (4) of Commercial Courts Act, 2015 r/w Section 151 CPC)

6. This application is filed on behalf of the Plaintiff seeking to place on record additional documents within 30 days.

7. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.

8. Application is allowed and disposed of.

I.A. 1771/2026 (Exemption from advance service of paper book)

9. This application is filed on behalf of the Plaintiff under Rule 22 of Delhi High Court Intellectual Property Rights Division Rules, 2022 read with Sections 80(2) and 151 CPC seeking exemption from requirement of advance service of paper book on Defendants No. 1, 4, 12 and 13.

10. On account of the urgent relief prayed for by the Plaintiff which needs hearing today, Plaintiff is exempted from serving advance service of paper book on Defendants No. 1, 4, 12 and 13.

11. Application is allowed and disposed of.

CS(COMM) 61/2026

12. Let plaint be registered as a suit.

13. Upon filing of process fee, issue summons to the Defendants through all permissible modes, returnable before the learned Joint Registrar on

30.03.2026.

14. Summons shall state that the written statements shall be filed by the Defendants within 30 days from the receipt of summons along with affidavits of admission/denial of the documents filed by the Plaintiff.

15. It will be open to the Plaintiff to file replications within 30 days from the date of receipt of written statements along with affidavits of admission/

denial of documents filed by the Defendants.

16. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.

17. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits.

I.A. 1767/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)

18. This application is filed on behalf of the Plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for grant of ex-parte ad-interim injunction.

19. Issue notice to the Defendants, through all permissible modes, returnable on 19.03.2026 before Court.

20. Case of the Plaintiff as set out in the plaint, is that Plaintiff is India’s largest fully integrated logistics provider. Plaintiff was established in 2011 and since its inception has fulfilled over 2 Billion orders across India. Plaintiff has built a nationwide network that serves more than 18,700 pin codes and has its presence in every State across India. With the wide network established by the Plaintiff along with 24 automated centers, 2,880 direct delivery services and a team of over 57,000 persons, Plaintiff has become a trusted brand for customers with respect to delivery services.

21. It is stated that Plaintiff under its trademarks, ‘DELHIVERY’,

, , , ,

, , provides supply chain

solutions to over 30,000 active customers which includes e-commerce marketplac

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