IN THE HIGH COURT OF DELHI AT NEW DELHI
Tejas Karia, J
KENVUE BRANDS LLC & ANR. VS. RSPL LIMITED
CS(COMM) 1365/2025
| Table of Content |
|---|
| 1. handling of preliminary procedural applications in commercial suits. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 2. establishing copyright infringement through technical reports and independent investigation. (Para 23 , 24 , 25) |
| 3. requirements for granting ex-parte ad-interim injunctions in ip cases. (Para 26 , 27 , 28 , 29) |
| 4. appointment of local commissioners to preserve digital evidence and seize infringing software. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
O R D E R
I.A. 31879/2025 (Exemption from pre-institution Mediation)
1. 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”).
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. 31880/2025 (Exemption)
4. Exemption is allowed, subject to all just exceptions.
5. The Application stands disposed of.
I.A. 31878/2025 (Exemption from advance service to the Defendants)
6. 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 Defendant.
7. Mr. Pravin Anand, learned Counsel for the Plaintiffs, 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.
8. In view of the fact that the Plaintiffs have sought an urgent ex-parte ad-interim injunction along with the appointment of Local Commissioners, the exemption from advance service to the Defendants is granted.
9. The Application stands disposed of.
I.A. 31877/2025 (seeking leave to file audio recording in pen drive)
10. This Application has been filed by Plaintiffs seeking permission to place on record pen drive containing audio recording of Defendants’ infringing activities.
11. In facts and circumstances as stated in the Application, the same is allowed. The pen drive be taken on record.
12. Accordingly, the Application stands disposed of.
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 Statements shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statements, the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statements shall not be taken on record.
16. Liberty is granted to the Plaintiffs to file Replications, if any, within 30 days from the receipt of the Written Statements. Along with the Replications filed by the Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiffs, without which the Replications 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 19.02.2026 for completion of service and pleadings.
I.A. 31876/2025 (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 a
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