IN THE HIGH COURT OF DELHI AT NEW DELHI
MANKIND PHARMA LIMITED VS. MEDIKIND BIO SCIENCE PRIVATE LIMITED & ORS.
CS(COMM) 1400/2025
##PAGE1##
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1400/2025
VOLTAS LIMITED .....Plaintiff
Through: Ms. Kruttika Vijay, Mr. Shivansh
Tiwari, Ms. Geetanjali Visvanathan
and Mr. Tarun Tripathi, Advocates.
versus
YOUR VOLTA SERVICES PRIVATE LIMITED .....Defendant
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
O R D E R
% 22.12.2025
I.A. No. 32418/2025 (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 (“CC Act”).
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.
CS (COMM) 1400/2025
4. Let the Plaint be registered as a Suit.
5. Issue Summons. Let the Summons be served to the Defendant through
all permissible modes upon filing of the Process Fee.
CS(COMM)1400/2025 Page1of
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 09:40:19
##PAGE2##6. 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.
7. 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.
8. 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.
9. If any of the Parties wish to seek inspection of any documents, the
same shall be sought and given within the prescribed timelines.
10. List before the learned Joint Registrar on 24.02.2026 for completion
of service and pleadings.
I.A. No. 32416/2025 (Exemption from filing clear copies of documents)
11. Exemption is allowed, subject to all just exceptions.
12. The Application stands disposed of.
I.A. No. 32417/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
13. The present Application has been filed on behalf of the Plaintiff under
Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (“CPC”) as
applicable to Commercial Suits under the CC Act seeking leave to place on
record additional documents.
CS(COMM)1400/2025 Page2of
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 09:40:19
##PAGE3##14. The Plaintiffs are permitted to file additional documents in
accordance with the provisions of the CC Act and the Delhi High Court
(Original Side) Rules, 2018.
15. Accordingly, the Application stands disposed of.
I.A. No. 32415/2025 (U/O XXXIX Rule 1 & 2 of CPC)
16. Issue Notice. Notice be served through all permissible modes upon
filing of the Process Fees.
17. The present Suit has been filed for permanent injunction restraining
infringement of the registered Trade Mark, ‘VOLTAS /
’ (“Plaintiff’s Mark”) passing off, dilution, unfair
competition for rendition of accounts / damages, delivery up, etc.
18. The learned Counsel for the Plaintiff made the following submissions:
18.1.The Plaintiff was incorporated in the year 1954 and is engaged in the
business of manufacturing of air conditioners and engineering service
provider and offers engineering solutions for a wide spectrum of
i
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