IN THE HIGH COURT OF DELHI AT NEW DELHI
HERO INVESTCORP PRIVATE LIMITED & ANR. VS. MAGMA LUBRICANTS
CS(COMM) 1338/2025
$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1338/2025 & I.A. 31292-31296/2025 HERO INVESTCORP PRIVATE LIMITED ANR. .....Plaintiffs Through: Mr. Pramod Kumar Singh, Ms.
Aastha Sharma and Mr. Armaan Bhardwaj, Advs.
versus VENUSE AUTOMOBILE .....Defendant Through: None CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 15.12.2025 I.A. 31294/2025(seeking leave to file additional documents
1. This is an application under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (‘CPC’) read with Section 151 CPC, seeking leave to file additional documents within thirty (30) days.
2. The Plaintiffs, if they wish to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 (‘DHC Rules’).
3. For the reasons stated in the application, the same is allowed.
4. Accordingly, the application is disposed of.
I.A. 31295/2025(seeking exemption from advance service to Defendant)
5. This is an application under Section 151 CPC on behalf of the Plaintiffs seeking exemption from service to Defendant.
6. In view of the fact that the Plaintiffs have sought an ex-parte ad- interim injunction along with the appointment of a Local Commissioner, the exemption from effecting advance service upon the Defendant, at this stage, is granted.
7. Accordingly, the application stands disposed of.
I.A. 31296/2025(seeking exemption from pre-institution mediation)
8. This is an application filed Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from instituting pre-litigation mediation.
9. 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. Keerthi1, exemption from the requirement of pre-
institution mediation is granted to the Plaintiffs.
10. Accordingly, the application stands disposed of.
CS(COMM) 1338/2025
11. The present suit has been filed seeking permanent/perpetual injunction, infringement of trademarks, copyright, passing off and other ancillary reliefs against the Defendant.
12. Let the plaint be registered as a suit.
13. Learned counsel for the Plaintiffs states that there is a clerical error in the Investigator’s affidavit filed as document no. 24 of the Plaintiffs’ documents. He seeks liberty to file a fresh affidavit during the course of the day. The permission sought is granted.
14. Summons be issued to Defendant by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.
15. The summons shall indicate that the written statement must be filed within thirty (30) days from the date of receipt of the summons. The Defendant shall also file affidavit of admission/denial of the documents filed by the Plaintiffs, failing which the written statement shall not be taken on record.
16. The Plaintiffs are at liberty to file replication(s) thereto within thirty (30) days after filing of the written statement. The replication(s) shall be accompanied by affidavit(s) of admission/denial in respect of the documents filed by Defendant, failing which the replication(s) shall not be taken on record.
17. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
18. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
19. List before the learned Joint Registrar (J) on 29.01.2026.
20. List before Court on 19.05.2026.
I.A. 31292/2025(Under Order XXXIX Rule 1 and 2)
21. This is an application filed under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 on behalf of the Plaintiffs seeking ex parte ad-interim injunction against the Defendant.
22. Mr. Pramod Kumar Singh, learned counsel for the Plaintiffs has set up the case of the Plaintiffs as follows:
22.1 Plaintiffs are group
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