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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