IN THE HIGH COURT OF DELHI AT NEW DELHI
INCYTE HOLDINGS CORPORATION & ORS. VS. ZYDUS LIFESCIENCES LIMITED
CS(COMM) 1361/2025
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1361/2025 WARNER BROS. ENTERTAINMENT INC & ORS......Plaintiffs Through: Mr. Siddharth Chopra, Mr. Raghav Goyal, Ms. Mehr. Sidhu, Mr. A. Moin & Mr. Aditya Singh Thakur, Advocates.
Versus ANIMESUGEZ.TO & ORS. .....Defendants Through: Mr. Yash Raj & Ms. Geetanjali Vishwanathan, Advocates for D-48 &
56.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
O R D E R
% 18.12.2025 I.A. No. 31780/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. No. 31781/2025 (U/S 80 CPC)
3. The present Application has been filed under Section 80 of the Code of Civil Procedure, 1908 (“CPC”) seeking exemption from issuing Notice to Defendant No. 80, Department of Telecommunications (“DoT”), and Defendant No. 81, Ministry of Electronics and Information Technology (“MeITY”).
4. In view of the urgent relief and the nature of relief sought against Defendant Nos. 80 and 81, the Plaintiffs are exempted from effecting two months’ prior notice under Section 80 of the CPC upon Defendant Nos. 80 and 81.
5. The Application stands disposed of.
I.A. No. 31783/2025 (Extension of time to file Court Fees)
6. The present Application has been filed by the Plaintiffs under Section 149 read with Section 151 of the CPC, seeking exemption from payment of Court Fees at the time of the filing of the Suit.
7. Considering the submissions made in the present Application, time of two weeks is granted to deposit the Court Fees.
8. The Application stands disposed of.
CS(COMM) 1361/2025
9. Let the Plaint be registered as a Suit.
10. Issue Summons. The learned Counsel for Defendant Nos. 48 and 56 accepts Summons. Let the Summons be served to the remaining Defendants through all permissible modes upon filing of the Process Fee.
11. The Summons shall state that the Written Statement(s) shall be filed by theDefendantswithin30daysfromthedateofthereceiptofSummons.Along with the Written Statement(s), the Defendants shall also file Affidavit(s) of Admission / Denial of the documents of the Plaintiff(s), without which the Written Statement(s) shall not be taken on record.
12. Liberty is granted to the Plaintiffs to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s)filedbythePlaintiffs,Affidavit(s)ofAdmission/Denialofthe documents of Defendants be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.
13. 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.
14. IfanyofthePartieswishtoseekinspectionofanydocuments,thesame shall be sought and given within the prescribed timelines.
15. The learned Counsel for Defendant No. 56 submits that the Domain Name Registrar impleaded as Defendant No. 70, is not a separate entity and is part of the Defendant No. 56 and has submitted that Defendant No. 70 be deleted from the array of parties and the directions required to be passed againstDefendantNo.70willbecompliedbyDefendantNo.56andtherefore Defendant No. 56 may be deleted from the Array of the Parties. The learned Counsel for the Plaintiffs does not object to this request as long as the directions passed by this Court are complied with.
16. Accordingly,DefendantNo.70isdeletedfromtheArrayoftheParties. The learned Counsel for the Plaintiff shall file the Amended Memo of Parties within a period of two weeks.
17. List before the learned Joint Registrar on 18.02.2026 for completion of service and pleadings.
I.A. No. 31782/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
18. 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.
19. The Plaintiffs are permitted to file additional documents in accordance with the pr
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