$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1334/2025 KOHLER CO AND ANR. .....Plaintiffs Through: Mr. Rahul Beruar, Ms. Nidhi Jain, Ms. Manini Sidhu and Ms. Aeshna Raghuwanshi, Advocates.

versus DINESH KUMAR .....Defendant Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 12.12.2025 I.A. No. 31195/2025 (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 (“CC Act”).

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. 31194/2025 (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. Rahul Beruar, learned Counsel for the Plaintiffs, submitted that there is a real and imminent likelihood that the Defendant may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints.

6. In view of the fact that the Plaintiffs have sought an urgent ex-parte ad-interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendant is granted.

7. The Application is disposed of.

I.A. No. 31196/2025 (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. The learned Counsel for the Plaintiffs submits that the Court Fees has already been filed and, therefore, the present Application has become infructuous.

10. Accordingly, the Application stands disposed of having become infructuous.

CS (COMM) 1334/2025

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 within 30 days from the 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. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

17. List before the learned Joint Registrar on 09.02.2026 for completion of service and pleadings.

IA No._31193/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

18. 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.

19. 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.

20. Accordingly, the Application stands disposed of.

I.A. No. 31191/2025 (U/O XXXIX Rule 1 & 2 of CPC)

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

22. The prese