$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1358/2025 & I.As. 31739-43/2025 CAPITAL FOODS PRIVATE LIMITED .....Plaintiff Through: Mr. Pravin Anand, Mr. Dhruv Anand, Mr. Rohil Bansal and Mr. Chirayu Prahlad, Advocates versus SPICE NEST IMPEX PRIVATE LIMITED .....Defendant Through: None CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 18.12.2025 I.A. 31743/2025 (for extension of time for filing Court Fee)

1. This is an application filed under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 [‘CPC’], seeking extension of the filing court fee and one-time process fee.

2. The Court Fees stand deposited. The Court Fees certificate will be filed within one [1] week, failing which, the plaint shall stand rejected as per Order VII Rule 11(b) of CPC.

3. Accordingly, the application is allowed.

I.A. 31742/2025(seeking exemption from pre-institution mediation)

4. This is an application filed under Section 12A of the Commercial Courts Act, 2015, read with Section 151 CPC, seeking exemption from instituting pre-litigation mediation.

5. 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.

6. Accordingly, the application stands disposed of.

I.A. 31741/2025 (for exemption)

7. This is an application under Section 151 of CPC for exemption from filing clearer copies of documents which are dim, illegible and unclear.

8. Subject to the Plaintiff filing the clearer copies of documents, which are, dim, illegible and unclear, sought to be relied upon within four [4]

weeks from today, exemption is granted for the present.

9. The application is disposed of.

I.A. 31740/2025 (Under Order XI Rule 1(4) CPC)

10. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)] read with Section 151 CPC, within thirty [30] days.

11. 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.

12. For the reasons stated in the application, the same is allowed.

13. Accordingly, the application is disposed of.

CS(COMM) 1358/2025

14. Let the plaint be registered as a suit.

15. Summons be issued to the Defendant by all permissible modes on filing of the process fee. An affidavit of service be filed within two[2]

weeks.

16. The summons shall indicate that the written statement must be filed within thirty [30] days from the date of receipt of the summons. The Defendant shall also file an affidavit of admission/denial of the documents filed by the Plaintiff, failing which the written statement shall not be taken on record.

17. The Plaintiff is at liberty to file replication thereto within thirty [30] days after filing of the written statement. The replication shall be accompanied by an affidavit of admission/denial in respect of the documents filed by the Defendant, failing which the replication shall not be taken on record.

18. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

19. Any party seeking inspection of documents may do so in accordance with the DHC Rules.

20. List before the learned Joint Registrar (J) on 30.01.2026.

21. List before Court on 19.05.2026.

I.A. 31739/2025 (Under Order XXXIX Rule 1 and 2 CPC)

22. This is an application filed by the Plaintiff under Order Rule XXXIX, Rule 1 and 2, read with Section 151 of CPC, seeking an ad interim injunction against the Defendant.

23. The case set up in the plaint is as follows: