IN THE HIGH COURT OF DELHI AT NEW DELHI
SMITHKLINE BEECHAM LIMITED VS. GKS HEALTHSOL LLP
CS(COMM) 1346/2025
$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1346/2025 CALVIN KLEIN TRADEMARK TRUST .....Plaintiff Through: Mr. Pravin Anand, Mr. Manish Biala and Mr. Devesh Ratan, Advocates.
versus M/S SHRESTH INTERNATIONAL AND ORS. .....Defendants Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
O R D E R
% 16.12.2025 I.A. 31493/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 31495/2025 (Exemption from pre-institution Mediation)
3. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 (“CC Act”).
4. 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.
5. The Application stands disposed of.
I.A. 31496/2025 (Exemption from advance service to the Defendants)
6. This is an Application filed by the Plaintiff under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking exemption from advance service to Defendant Nos. 1 to 6.
7. Mr. Pravin Anand, the learned Counsel for the Plaintiff, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress their infringing business operations and digital footprints bearing the deceptively similar Trade Mark. 8. In view of the fact that the Plaintiff has sought an urgent ex-parte ad- interim injunction along with the appointment of the Local Commissioners, the exemption from advance service to Defendant Nos. 1 to 6 is granted.
9. The Application is disposed of.
I.A. 31498/2025 (to mask the identities of the Parties)
10. The Plaintiff apprehends failure of the Local Commissions if the identities of the Defendants are revealed and has requested masking of identities of the Parties till the filing of the report of the Local Commissioners in compliance with the Practice Direction No.139/Rules/DHC dated 27.05.2025.
11. Exemption is granted, subject to all just exceptions.
12. The Application is disposed of.
I.A. 31497/2025 (Exemption from filing apostilled power of attorney)
13. This is an Application filed on behalf of the Plaintiff under Section 151 of the CPC seeking exemption from filing apostilled versions of the power of attorney.
14. For the reasons stated in the Application, the Plaintiff is exempted from filing apostilled versions of the power of attorney at this stage.
15. The apostilled version of the power of attorney shall be filed by the Plaintiff within a period of eight weeks.
16. The Application stands disposed of.
CS(COMM) 1346/2025
17. Let the Plaint be registered as a Suit.
18. Issue Summons. Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.
19. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file Affidavit(s) of Admission / Denial of the documents of the Plaintiff, without which the Written Statement shall not be taken on record.
20. Liberty is granted to the Plaintiff to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiff, Affidavit(s) of Admission / Denial of the documents of Defendants be filed by the Plaintiff, without which the Replication(s) shall not be taken on record.
21. 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.
22. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
23. List before the learned Joint Registrar on 09.02.2026 f
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