$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1386/2025 UPL LIMITED AND ANR .....Plaintiffs Through: Mr. J. Sai Deepak, Senior Advocate with Ms. Suhrita Majumdar, Mr. Dominic Alvares, Mr. Debjyoti Sarkar, Mr. Samik Mukhjerjee, Mr. Sharad Besoya and Mr. Avinash Sharma, Advocates.

versus ROYAL AGRO TECH AND ORS .....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 22.12.2025 I.A. No. 32274/2025 (Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The Application stands disposed of.

I.A. No. 32276/2025 (to mask the identities of the Parties)

3. The Plaintiffs apprehend failure of the Local Commission(s) if the identities of the Defendants are revealed and has requested masking of identities of the Parties till the filing of the report(s) of the Local Commissioner(s) in compliance with the Practice Direction No.139/Rules/DHC dated 27.05.2025.

4. Exemption is granted, subject to all just exceptions.

5. The Application is disposed of.

I.A. No. 32272/2025 (Exemption from pre-institution Mediation)

6. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 (“CC Act”).

7. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi 2023 SCC OnLine SC 1382, exemption from the requirement of pre-

institution Mediation is granted.

8. The Application stands disposed of.

I.A. No. 32275/2025 (Exemption from advance service to the Defendant) 9. This is an Application filed by the Plaintiffs under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking exemption from advance service to the Defendants.

10. Mr. J. Sai Deepak, the learned Senior Counsel for the Plaintiffs, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.

11. In view of the fact that the Plaintiffs have sought an urgent ex-parte ad-interim injunction along with the appointment of the Local Commissioners, the exemption from advance service to the Defendants is granted.

12. The Application is disposed of.

CS (COMM) 1386/2025

13. Let the Plaint be registered as a Suit.

14. Issue Summons. Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.

15. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file Affidavit(s) of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.

16. Liberty is granted to the Plaintiffs to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiffs, Affidavit(s) of Admission / Denial of the documents of Defendants be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.

17. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

18. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

19. List before the learned Joint Registrar on 23.02.2026 for completion of service and pleadings.

I.A. No. 32273/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

20. The present Application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents.

21. The Plaintiffs are permitted to file additional documents in accordance with the provisi