$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1348/2025 & I.A. 31514-31518/2025 CASTROL LIMITED .....Plaintiff Through: Mr. Urfee Romi, Adv.

versus RAMESH CHAND AGARWAL AND ANR .....Defendants Through: None CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 17.12.2025 I.A. 31518/2025(seeking exemption from advance service)

1. The present application has been filed by the Plaintiff under section 151 of the Code of Civil Procedure, 1908 [‘CPC’] seeking exemption from serving advance notice upon the Defendants.

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 advance service upon the Defendants is granted.

3. Accordingly, the application stands disposed of.

I.A. 31517/2025(seeking exemption from instituting pre-litigation mediation)

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

5. Having regard to the facts 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.

6. Accordingly, the application stands disposed of.

I.A. 31515/2025(seeking leave to file additional documents)

7. This is an application filed under Order XI Rule 1(4) of the Commercial Courts Act, 2015 read with Section 151 of the CPC, 1908 seeking leave to file additional documents.

8. Learned senior counsel for the Plaintiff states, at this stage, this relief prayed for in this application is not pressed.

9. Accordingly, this application is disposed of.

CS(COMM) 1348/2025

10. The present suit has been filed for permanent injunction restraining infringement of trademark, passing off and other ancillary reliefs against the Defendant.

11. Let the plaint be registered as a suit.

12. Summons be issued to Defendants through speed post and e-mail on filing of process fee. Affidavit of service be filed within one (1) week.

13. 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 of admission/denial of the documents filed by the Plaintiff, failing which the written statement(s) shall not be taken on record.

14. 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 affidavit of admission/denial in respect of the documents

filed by Defendants, failing which the replication shall not be taken on record.

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

16. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

17. List the matter before the Joint Registrar (J) on 30.01.2026.

18. List the matter before the Court on 21.05.2026.

I.A. 31514/2025(application under Order XXXIX Rules 1 and 2 CPC)

19. This an application under Order XXXIX Rule 1 and 2 CPC filed by the Plaintiff seeking interim injunction against the Defendants.

20. Mr. Urfee Romi, learned counsel for the Plaintiff has set up the case of the Plaintiff as follows:

20.1 The Plaintiff i.e., Castrol Limited, was founded in the year 1899 in the United Kingdom. The Plaintiff has been trading in India since 1919 and is engaged in the business of selling and manufacturing engine oil and lubricants.

20.2 The Plaintiff is the proprietor of the these trademark/wordmark/device mark ACTIV,

, ,’POWER1’,

, ‘ACTIBOND’ ,

as well as its device marks such as Oil in

Action with Rod Device and oil in action with

bearing Device [Plaintiff’s marks’]

20.3 Plaintiff sells it engine oils and lubricants under its trademarks as well as trade dress, w