IN THE HIGH COURT OF DELHI AT NEW DELHI
CALVIN KLEIN TRADEMARK TRUST VS. M/S SHRESTH INTERNATIONAL AND ORS
CS(COMM) 1347/2025
$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1347/2025 AKTIEBOLAGET VOLVO & ORS. .....Plaintiffs Through: Mr. Pravin Anand, Ms. Vaishali Mittal, Mr. Siddhant Chamol and Mr.
Jitesh P. Gupta, Advocates.
versus M/S BHARAT PETROCHEM .....Defendant Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
O R D E R
% 16.12.2025 I.A. 31505/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. No. 31502/2025 (Exemption from pre-institution Mediation)
3. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015.
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. No. 31501/2025 (Exemption from advance service to the Defendant) 6. 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.
7. Mr. Pravin Anand, 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.
8. In viewof the factthat the Plaintiffshave sought anurgent ex-partead- interiminjunctionalongwiththeappointmentoftheLocalCommissioner,the exemption from advance service to the Defendant is granted.
9. The Application is disposed of.
CS (COMM) 1347/2025
10. Let the Plaint be registered as a Suit.
11. Issue Summons. Let the Summons be served to the Defendant through all permissible modes upon filing of the Process Fee.
12. 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.
13. 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.
14. 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.
15. IfanyofthePartieswishtoseekinspectionofanydocuments,thesame shall be sought and given within the prescribed timelines.
16. List before the learned Joint Registrar on 12.02.2025 for completion of service and pleadings.
I.A. No. 31504/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
17. 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.
18. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side)
Rules, 2018.
19. Accordingly, the Application stands disposed of.
I.A. No. 31503/2025 (seeking administration of interrogatories)
20. This Application has been filed by the Plaintiffs under Order XI Rule 2 of the CPC as amended by the CC Act read with Section 151 of CPC, seeking administration of interrogatories upon the Defendant.
21. Issue Notice.
22. Let the Reply to the Application be filed within a period of four weeks from date. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
23. List before the Joint Registrar on 12.02.2026 for completion of ser
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