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$~35

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1387/2025, I.A. 32277/2025, I.A. 32278/2025, I.A.

32279/2025 & I.A. 32280/2025

JOY CREATORS LLP .....Plaintiff

Through: Mr. Hemant Daswani, Ms. Saumya

Bajpai, Mr. Kunal Prakash and Ms.

Pranjal, Advocates.

versus

INDUS HEALTH CARE .....Defendant

Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 22.12.2025

I.A. No. 32279/2025 (Exemption from pre-institution Mediation)

1. This is an Application filed by the Plaintiff seeking exemption from

instituting pre-litigation Mediation under Section 12A of the Commercial

Courts Act, 2015.

2. 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.

3. The Application stands disposed of.

I.A. No. 32280/2025 (Exemption from advance service to the Defendant)

4. This is an Application filed by the Plaintiff under Section 151 of the

Code of Civil Procedure, 1908 (“CPC”), seeking exemption from advance

CS(COMM)1387/2025 Page1of14

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 09:39:31

service to the Defendant.

5. Mr. Hemant Daswani, the learned Counsel for the Plaintiff, submitted

that there is a real and imminent likelihood that the Defendant may take

immediate steps to dispose of, conceal or suppress its infringing business

operations and digital footprints bearing the deceptively similar Trade Mark.

6. In view of the fact that the Plaintiffs have sought an urgent ex-parte

ad-interim injunction along with the appointment of the Local

Commissioner, the exemption from advance service to the Defendant is

granted.

7. The Application is disposed of.

CS (COMM) 1387/2025

8. Let the Plaint be registered as a Suit.

9. Issue Summons. Let the Summons be served to the Defendant through

all permissible modes upon filing of the Process Fee.

10. The Summons shall state that the Written Statement shall be filed by

the Defendant within 30 days from the date of the receipt of Summons.

Along with the Written Statement, the Defendant shall also file an Affidavit

of Admission / Denial of the documents of the Plaintiff, without which the

Written Statement shall not be taken on record.

11. Liberty is granted to the Plaintiff to file Replication, if any, within 30

days from the receipt of the Written Statement. Along with the Replication

filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of

Defendant be filed by the Plaintiff, without which the Replication shall not

be taken on record.

12. 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

CS(COMM)1387/2025 Page2of14

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 09:39:31

list of reliance, which shall also be filed with the pleadings.

13. If any of the Parties wish to seek inspection of any documents, the

same shall be sought and given within the prescribed timelines.

14. List before the learned Joint Registrar on 24.02.2026 for completion

of service and pleadings.

I.A. No. 32277/2025 (U/O XXXIX Rule 1 & 2 of CPC)

15. Issue Notice. Notice be served through all permissible modes upon

filing of the Process Fees.

16. The present Suit has been filed for permanent injunction for

infringement of copyright, infringement of trade marks, passing off, unfair

competition, rendition of accounts, delivery up, damages, etc.

17. The learned Counsel for the Plaintiff made the following submissions:

17.1. The Plaintiff is engaged in manufacturing and marketing range

of cosmetic and personal care products namely creams, lotions,

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