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2025 Supreme(Online)(Del) 47028

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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