$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1343/2025 HERO INVESTCORP PVT LTD AND ANR .....Plaintiffs Through: Mr. Krtin Bhasin, Mr. Kunal Khanna, Mr. Madhav Anand, Mr. Yashveer Singh, Mr. Udit Sharma, Mr. Kaulik Mitra, Ms. Priyanshi Gupta and Mr.

Param Goel, Advocates.

versus ASHOK KUMAR (JOHN DOE) .....Defendant Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 16.12.2025 I.A. No._31420/2025 (Exemption from pre-institution Mediation)

1. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015.

2. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382, exemption from the requirement of pre-institution Mediation is granted.

3. The Application stands disposed of.

I.A. No. 31421/2025 (Exemption from advance service to the Defendant) 4. This is an Application filed by the Plaintiffs under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking exemption from advance service to the Defendant.

5. Mr. Krtin Bhasin, learned Counsel for the Plaintiffs, submitted that thereisarealandimminentlikelihoodthattheDefendantmaytakeimmediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.

6. In viewof the factthat the Plaintiffshave sought anurgent ex-partead- interiminjunctionalongwiththeappointmentoftheLocalCommissioner,the exemption from advance service to the Defendant is granted.

7. The Application is disposed of.

I.A. No. 31422/2025 (Extension of time to file Court Fees)

8. 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.

9. Considering the submissions made in the present Application, time of two weeks is granted to deposit the Court Fees.

10. The Application stands disposed of.

CS (COMM) 1343/2025

11. Let the Plaint be registered as a Suit.

12. Issue Summons. Let the Summons be served to the Defendant through all permissible modes upon filing of the Process Fee.

13. The Summons shall state that the Written Statement shall be filed by the Defendant within30days fromthe date of the receipt of Summons.Along with the Written Statement, the Defendant shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement shall not be taken on record.

14. Liberty is granted to the Plaintiffs to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the Plaintiffs,an Affidavit of Admission / Denial of the documents of Defendant be filed by the Plaintiffs, without which the Replication shall not be taken on record.

15. 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.

16. IfanyofthePartieswishtoseekinspectionofanydocuments,thesame shall be sought and given within the prescribed timelines.

17. List before the learned Joint Registrar on 10.02.2026 for completion of service and pleadings.

I.A. No. 31418/2025 (U/O XXXIX Rule 1 & 2 of CPC)

18. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.

19. The present Suit has been filed for permanent injunction against infringement of the trade marks,passing off,dilution,counterfeiting,delivery up, rendition of accounts, damages, etc.

20. The learned Counsel for the Plaintiffs has made the following submissions:

20.1. The Plaintiffs are engaged in the business of, inter alia, sale of

automobiles, parts, fittings and accessories thereof and have been continuously, uninterruptedly and extensively using the Marks ‘HERO’ / ‘ ’ / ‘ ’ / ‘ ’

/ ‘ ’ (“Subje