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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1394/2025

BROWN-FORMAN DISTILLERY, INC. .....Plaintiff

Through: Ms. Shwetashree Majumder, Ms.

Diva Arora Menon, Mr. Rohan

Krishna Seth and Mr. Ritwik

Marwaha, Advocates.

versus

BREWHOLIK PRIVATE LIMITED AND ANR .....Defendants

Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 22.12.2025

I.A. 32356/2025(Exemption)

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

2. The Application stands disposed of.

I.A. 32353/2025(Exemption from pre-institution Mediation)

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

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

Courts Act, 2015 (“CC Act”).

4. 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.

5. The Application stands disposed of.

CS(COMM)1394/2025 Page1of15

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 09:39:49

I.A. 32354/2025(Exemption from advance service to the Defendant

No.1)

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

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

service to the Defendant No. 1.

7. Ms. Shwetashree Majumder, the learned Counsel for the Plaintiff,

submitted that there is a real and imminent likelihood that the Defendant No.

1 may take immediate steps to dispose of, conceal or suppress its infringing

business operations and digital footprints bearing the deceptively similar

Trade Mark.

8. In view of the fact that the Plaintiff has sought an urgent ex-parte ad-

interim injunction along with the appointment of the Local Commissioner,

the exemption from advance service to the Defendant No. 1 is granted.

9. The Application is disposed of.

CS(COMM) 1394/2025

10. Let the Plaint be registered as a Suit.

11. Issue Summons. Let the Summons be served to the Defendants

through all permissible modes upon filing of the Process Fee.

12. 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 an

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

which the Written Statement(s) shall not be taken on record.

13. Liberty is granted to the Plaintiff 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 Plaintiff, an Affidavit of Admission / Denial of

CS(COMM)1394/2025 Page2of15

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 09:39:49

the documents of Defendants be filed by the Plaintiff, without which the

Replication(s) shall not be taken on record.

14. 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.

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

same shall be sought and given within the prescribed timelines.

16. List before the learned Joint Registrar on 26.02.2026 for completion

of service and pleadings.

I.A. 32355/2025(Additional Documents)

17. The present Application has been filed on behalf of the Plaintiff 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.

18. The Plaintiff is permitted to file additional documents in accordance

with the provisions of the CC Act and the Delhi High Court (Original Side)

Rul