IN THE HIGH COURT OF DELHI AT NEW DELHI
ITC LIMITED VS. ATLANTIS TOBACCO PRIVATE LIMITED
CS(COMM) 1352/2025
$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1352/2025 & I.A. 31587-31590/2025 HELL ENERGY MAGYARORSZAG KFT. & ANR.
.....Plaintiffs Through: Mr. Nihit Nagpal, Adv. (through VC)
versus META PLATFORMS INC. & ANR. .....Defendants Through: Mr. Varun Pathak, Advocate for Defendant No.1 (Through VC)
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 18.12.2025 I.A. 31590/2025(seeking exemption from pre-institution mediation)
1. This is an application filed under Section 12A of the Commercial Courts Act, 2015 [‘Act of 2015’], read with Section 151 of the Code of Civil Procedure, 1908, [‘CPC’], seeking exemption from instituting pre-litigation mediation.
2. Having regard to the fact that the present suit contemplates urgent interim relief, and in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, exemption from the requirement of pre-
institution mediation is granted to the plaintiff.
3. Accordingly, the application stands disposed of.
I.A. 31589/2025 (application under section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023)
4. This is an application filed under Section 151 of the CPC, seeking time for filing the required certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023.
5. For the reasons stated in the application, the application is allowed, and the required certificate under section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023 be filed within four [4] weeks, failing which the plaintiff will not be entitled to rely upon the said documents.
6. This application is disposed of.
I.A. 31588/2025(seeking leave to file additional documents)
7. This is an application filed under Order XI Rule 1(4) of the Act of 2015, read with Section 151 of CPC, seeking leave to file additional documents within thirty [30] days.
8. The plaintiff, if it wishes to file additional documents, shall file the same within thirty [30] days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 [‘DHC Rules’], failing which the liberty granted shall stand foreclosed.
9. For the reasons stated in the application, the same is allowed.
10. Accordingly, the application is disposed of.
CS(COMM) 1352/2025
11. Let the plaint be registered as a suit. Defendant No. 1 is an intermediary and defendant no. 2 are John Does entities.
12. Mr. Varun Pathak, Advocate, has entered appearance on behalf of defendant no. 1.
12.1. He states that the infringing URLs have been enlisted at paragraph nos. 50, 54, and 63 of the plaint.
12.2. He states that the Basic Subscriber Information [‘BSI’] details and IP logs of the users pertaining to these URLs will be provided to the plaintiff within a period of two [2] weeks.
13. It is directed that upon receiving the BSI details and IP logs, the plaintiff shall file an amended memo of parties, whereupon summons shall be issued to the said users [who are currently identified as John Does], including service of summons through the DM facility on the platform of defendant no. 1.
14. After the amended memo of parties has been filed, summons be issued to the newly impleaded defendants by all permissible modes on filing of the process fee. Affidavit of service(s) be filed within two [2] weeks.
15. The summons shall indicate that the written statement(s) must be filed within thirty [30] days from the date of receipt of the summons. The defendants shall also file affidavit(s) of admission/denial of the documents filed by the plaintiff, failing which the written statement(s) shall not be taken on record.
16. The plaintiff is at liberty to file replication(s) thereto within thirty [30] days after filing of the written statement(s). The replication(s) shall be accompanied by affidavit(s) of admission/denial in respect of the documents filed by the defendants, failing which the replication(s) shall not be taken on record.
17. It is made clear that any unjustified denial of documents may lead
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