$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1374/2025 MANKIND PHARMA LIMITED .....Plaintiff Through: Mr. Gopal Jain, Senior Advocate with Mr. Ankur Sangal, Mr. Ankit Arvind, Ms. Nidhi Pathak and Mr. Rishabh Rao, Advocates.

versus THE INDIAN RESEARCH AND SUPPLY CO.

& ANR. .....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 19.12.2025 I.A. No. 31993/2025 (Exemption)

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

2. The Application stands disposed of.

I.A. No. 31991/2025 (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.

I.A. No. 31994/2025 (Exemption from advance service to the Defendants) 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 Defendants.

7. Mr. Gopal Jain, learned Senior Counsel for the Plaintiff, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress their 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- interiminjunctionalongwiththeappointmentoftheLocalCommissioner,the exemption from advance service to the Defendants is granted.

9. The Application is disposed of.

CS (COMM) 1374/2025

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 Affidavit(s) 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, Affidavit(s) of Admission / Denial of 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. IfanyofthePartieswishtoseekinspectionofanydocuments,thesame shall be sought and given within the prescribed timelines.

16. List before the learned Joint Registrar on 23.02.2026 for completion of service and pleadings.

I.A. No. 31992/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

17. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) of the CPC as applicable to 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)

Rules, 2018.

19. Accordingly, the Application stands disposed of.

I.A. 31989/2025 (U/O XXXIX Rule 1 & 2 of CPC)

20. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.

21. The present Suit has been filed for permanent injunction restraining infringement of Copyright, passing off, dilution, unfair competition for rendition of accounts/damages, delivery up, etc.

22. The learned Senior Counsel for the Plaintiff made the following submissions:

22.1. The Plaintif