CS(COMM) 1395/2025
IN THE HIGH COURT OF DELHI AT NEW DELHI
CS(COMM) 1395/2025 & I.A. 32357/2025 I.A. 32358/2025 I.A. 32359/2025 I.A. 32360/2025 I.A. 32361/2025 I.A. 32362/2025 I.A. 32363/2025
NOVARTIS AG .....Plaintiff
Through: Mr. Anirudh Bakhru, Mr. Rahul Chaudhry, Ms. Aradhna Lakhtakia, Mr. Nikhil Sharma and Mr. Akshay Bhardwaj, Advs.
versus
NOVARISE GASTRO BARIATRICS & ORS. .....Defendants
Through: None
CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
22.12.2025
ORDER
% 22.12.2025
I.A. 32358/2025 (seeking exemption from pre-institution mediation)
1. This is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of the Code of Civil Procedure, 1908, [‘CPC’], filed by the Plaintiff seeking exemption from instituting pre litigation mediation.
2. Having regard to the fact that the present suit contemplates urgent interim relief, and 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 preinstitution mediation is granted to the Plaintiff.
3. Accordingly, the application stands disposed of.
I.A. 32359/2025 (seeking leave to file additional documents)
4. This is an application filed by the Plaintiff, under Order XI Rule 1(4) of CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)], seeking leave to file additional documents within thirty [30] days.
5. The Plaintiff, if it wishes to file additional documents, shall file the same within thirty [30] days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 [‘DHC Rules’].
6. For the reasons stated in the application, the same is allowed.
7. Accordingly, the application is disposed of.
I.A. 32360/2025 (exemption from filing original/certified documents)
8. This is an application under Section 151 CPC, seeking exemption from filing original/certified copy of documents.
9. Subject to the Plaintiff filing original/certified copy of documents within a period of four [4] weeks from today, exemption is granted for the present, failing which, the Plaintiff will not be entitled to rely upon these documents.
10. Accordingly, the application is disposed of.
I.A. 32361/2025 (exemption from filing translated copies of documents)
11. This is an application filed under Section 151 CPC seeking exemption from filing translated copies of certain documents that are not in English.
12. Subject to the Plaintiff filing translated copies within a period of four[4] weeks from today, exemption is granted for the present, failing which, the Plaintiff will not be entitled to rely upon these documents.
13. Accordingly, the application is disposed of.
I.A. 32362/2025 (exemption from filing document with margin typed copies)
14. This is an application filed for seeking exemption from filing documents with correct margins and clearer copies of dim documents.
15. Subject to the Plaintiff filing clearer copies of documents with correct margins within a period of thirty [30] days from today, exemption is granted for the present, failing which, the Plaintiff will not be entitled to rely upon these documents.
16. The application is disposed of.
I.A. 32363/2025 (seeking extension of time for filing Court fees)
17. This is an application under section 149 CPC, read with section 151 CPC, seeking extension of time to file court fees.
18. Learned counsel for the Plaintiff states that the court fees stands deposited today, and the court fees certificate shall be deposited within one [1] week.
19. The period for extension is granted for one [1] week, failing which the plaint shall stand rejected under Order VII Rule 11(b) CPC.
20. The application stands disposed of.
CS(COMM) 1388/2025
21. Let the plaint be registered as a suit.
22. Summons be issued to the Defendants by all permissible modes on filing of the process fee. Affidavit of service be filed within two [2] weeks.
23. The summons shall indicate that the written statements must be filedwithin thirty [30] days from the date of receipt of the summons. The Defendants shall also file affidavits of admission/denial of the documents filed by the Plaintiff, failing which the written statements shall not be taken on record.
24. The Plaintiff is at liberty to file replications thereto within thirty [30] days after filing of the written statements. The replication shall be
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