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2025 Supreme(Online)(Del) 47722

IN THE HIGH COURT OF DELHI AT NEW DELHI


CS(COMM) 1333/2025 & I.A. 31184-31187/2025


VISHNU AND COMPANY TRADEMARKS PVT. LTD. .....Plaintiff


Through: Mr. Pravin Anand, Mr. Manish Biala,

Mr. Arun Kumar Jha, Advs.


versus

SMOTECT PRIVATE LIMITED & ORS. .....Defendants


Through: None


CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA


O R D E R

12.12.2025

I.A. 31187/2025(seeking exemption from filing typed/certified copies)

1. The present application under Section 151 of the Code of Civil Procedure,1908, [‘CPC’] has been filed by the Plaintiff seeking exemption from filing true typed and certified copies of documents.

2. Subject to the Plaintiff filing the true typed and certified copies of document sought to be relied upon within four (4) weeks from today, exemption is granted for the present, failing which the Plaintiff will not be entitled to rely upon the said documents.

3. Accordingly, the application stands disposed of.

I.A. 31186/2025(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. Keerthi11 (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. 31185/2025(seeking leave to file additional documents)

7. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)], filed by the Plaintiff within 30 days.

8. The Plaintiff, if it wishes 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’).

9. For the reasons stated in the application, the same is allowed.

10. Accordingly, the application is disposed of.

CS(COMM) 1333/2025

11. The present suit has been filed for permanent injunction restraining infringement of trade marks, copyright, disparagement, defamation, damage to reputation, passing off and other ancillary rights against the Defendants.

12. Let the plaint be registered as a suit.

13. Summons be issued to the Defendants by all permissible modes on filing of process fee. Affidavit of service(s) be filed within two weeks.

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

15. The Plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement(s). The replication shall be accompanied by affidavits of admission/denial in respect of the documents filed by the Defendants, failing which the replication shall not be taken on record.

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

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

18. List before the Court on 30.01.2026.

I.A. 31184/2025(application under Order XXXIX Rule 1 and 2 CPC)

19. This is an application under Order XXXIX Rule 1 & 2 CPC filed by the Plaintiff seeking ex parte ad-interim injunction against the Defendants.

20. Mr. Pravin Anand, learned counsel for the Plaintiff has set up the case of the Plaintiff as under:

20.1 The Plaintiff is engaged in the business of chewing tobacco, pan masala, zarda, gutkha, khaini, silver coated elaichi, kesar, scented and sweet supari, mouth fresheners etc. through its franchises all across India. The Plaintiff is the proprietor of the mark ‘VIMAL’ which was adopted in the year 1986, under which the Plaintiff conducts its business. The details of the list of

20.2

20.3 the Plaintiff’s various trademark applications and registrations thereof

are

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