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2025 Supreme(Online)(Del) 46975

IN THE HIGH COURT OF DELHI AT NEW DELHI
HERO MOTOCORP LTD. AND ANR VS. N.K. LUBRICANTS PVT. LTD. AND ANR.
CS(COMM) 1391/2025



##PAGE1##

$~39

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1391/2025 & I.A. 32306-32310/2025

MAULESH DAYABHAI UKANI & ANR. .....Plaintiffs

Through: Mr. Neeraj Bhardwaj, Mr. N.K.

Bhardwaj, Mr. Bikash Ghorai, Ms.

Krati Fagna, Mr. Salil Oberoi and Mr.

Rahul Maratha, Advs.

versus

NASEEM PERFUMES LLP .....Defendant

Through: None

CORAM:

HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 22.12.2025

I.A. 32308/2025(seeking leave to file additional documents)

1. This is an application under Order XI Rule 1(4) [as amended by the

Commercial Courts Act, 2015] read with Section 151 of the Code of Civil

Procedure, 1908 [‘CPC’], seeking leave to file additional documents within

thirty (30) days.

2. The Plaintiffs, if they wish to file additional documents will file the

same within thirty (30) days from today, and they shall do so strictly as per

the provisions of the Commercial Courts Act and the Delhi High Court

(Original Side) Rules, 2018 (‘DHC Rules’).

3. For the reasons stated in the application, the same is allowed.

4. Accordingly, the application is disposed of.

I.A. 32309/2025(seeking exemption from pre-institution mediation)

CS(COMM) 1391/2025 Page 1 of 12

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 06/02/2026 at 08:33:41

##PAGE2##

5. This is an application under Section 12A of the Commercial Courts

Act, 2015 read with Section 151 CPC, filed by the Plaintiffs seeking

exemption from instituting pre-litigation mediation.

6. 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.

7. Accordingly, the application stands disposed of.

I.A. 32310/2025(seeking exemption from advance service)

8. This is an application filed under Section 151 of the CPC seeking

exemption from serving the plaint, applications and accompanying

documents on the Defendant in advance for e-filing of the case.

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

interim injunction along with the appointment of a Local Commissioner, the

exemption from effecting advance service upon the Defendant is granted.

10. Accordingly, the application stands disposed of.

CS(COMM) 1391/2025

11. The present suit has been filed for permanent injunction restraining

infringement of registered trademarks, passing off and other ancillary reliefs

against the Defendant.

12. Let the plaint be registered as a suit.

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

of process fee. Affidavit of service be filed within two (2) weeks.

14. The summons shall indicate that the written statement must be filed

within thirty (30) days from the date of receipt of the summons. The

CS(COMM) 1391/2025 Page 2 of 12

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 06/02/2026 at 08:33:41

##PAGE3##

Defendant shall also file affidavit of admission/denial of the documents filed

by the Plaintiffs, failing which the written statement shall not be taken on

record.

15. The Plaintiffs are at liberty to file replication(s) thereto within thirty

(30) days after filing of the written statement. The replication(s) shall be

accompanied by affidavit(s) of admission/denial in respect of the documents

filed by Defendant, failing which the replication(s) shall not be taken on

record.

16. It is made clear that any unjustified denial of documents may lead to

an order of costs against the concerned party.

17. Any party seeking inspection of documents may do so in accordance

with the Delhi High Court (Original Side) Rules, 2018.

18. List before the learned Joint Registrar (J) on 09.02.2026

19. List before Court on 22.05.2026.

I.A. 323

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