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2025 Supreme(Online)(Del) 47291

IN THE HIGH COURT OF DELHI AT NEW DELHI
CAPITAL FOODS PRIVATE LIMITED VS. SPICE NEST IMPEX PRIVATE LIMITED
CS(COMM) 1359/2025



$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1359/2025&I.As. 31747-52/2025 THINVENT TECHNOLOGIES PRIVATE LIMITED.....Plaintiff Through: Mr. Anirudh Bakhru, Mr. Himanshu Deora, Ms. Shambhavi Sharma, Mr. Sanat Saswadkar, Mr. Abhigyan Pandey and Ms. Shambhavi Bhardwaj, Advocates versus INP TECHNOLOGIES LIMITED & ORS. .....Defendants Through: None CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 18.12.2025 I.A. 31752/2025(seeking exemption from advance notice on Defendant nos.

4 and 5)

1. This is an application filed under Section 80 of the Code of Civil Procedure, 1908 (‘CPC’) read with Section 151 of the CPC seeking exemption from serving statutory notice on Defendant Nos. 4 and 5.

2. In view of the fact that the Plaintiff has sought an ex-parte ad-interim injunction along with the appointment of a Local Commissioner, the exemption from effecting the statutory notice upon the Defendant Nos. 4 and 5 is granted. Moreover, Defendant nos. 4 and 5 are proforma parties and the main reliefs are not prayed against them.

3. Accordingly, the application stands disposed of.

I.A. 31751/2025(seeking exemption from serving advance suit papers on the Defendants)

4. This is an application under Section 151 of CPC, seeking exemption from serving advance suit papers on the Defendant Nos. 1 to 5.

5. In view of the fact that the Plaintiff has sought an ex-parte ad-interim injunction along with the appointment of a Local Commissioner, the exemption from effecting advance service upon the Defendants is granted.

6. Accordingly, the application stands disposed of.

I.A. 31750/2025(seeking exemption from pre-institution mediation)

7. 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.

8. Having regard to the fact that the present suit contemplates urgent interim relief and in light of the judgement 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.

9. Accordingly, the application stands disposed of.

I.A. 31749/2025(seeking leave to file additional documents)

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 will 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’).

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

13. Accordingly, the application is disposed of.

CS(COMM) 1359/2025

14. The present suit has been filed for permanent and mandatory injunction restraining infringement of copyright and other ancillary reliefs against the Defendants.

15. Let the plaint be registered as a suit.

16. Summons be issued to Defendant nos. 1 to 3 by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.

17. 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.

18. The Plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement(s). The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by Defendants, failing which the replication shall not be taken on record.

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

20. An

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