IN THE HIGH COURT OF DELHI AT NEW DELHI
HERO MOTOCORP LIMITED VS. MR.RAJ KUMAR MISHRA & ORS.
CS(COMM) 1324/2025
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1324/2025 JOY CREATORS LLP .....Plaintiff Through: Mr. Hemant Daswani, Ms. Saumya Bajpai, Mr. Kunal Prakash and Ms.
Pranjal Dhankar, Advocates.
versus AMIT JAIN AND ORS .....Defendants Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
O R D E R
% 11.12.2025 I.A.No. 31022/2025 (to mask the identities of the Parties)
1. 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.
2. Exemption is granted, subject to all just exceptions.
3. The Application is disposed of.
I.A. No. 31020/2025 (Exemption from pre-institution Mediation)
4. 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”).
5. 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.
6. The Application stands disposed of.
I.A. No. 31021/2025 (Exemption from advance service to the Defendants) 7. 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 the Defendant.
8. Mr. Hemant Daswani, 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. 9. 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 the Defendants is granted.
10. The Application is disposed of.
CS (COMM) 1324/2025
11. Let the Plaint be registered as a Suit.
12. Issue Summons.Let the Summons be served to theDefendants through all permissible modes upon filing of the Process Fee.
13. 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(s) shall not be taken on record.
14. 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.
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. IfanyofthePartieswishtoseekinspectionofanydocuments,thesame shall be sought and given within the prescribed timelines.
17. List before the learned Joint Registrar on 05.02.2026 for completion of service and pleadings.
I.A. No. 31018/2025 (U/O XXXIX Rule 1 & 2 of CPC)
18. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.
19. The present Suit has been filed for relief of permanent injunction for infringement of copyright, infringement of trade marks, passing off, piracy of registered design, unfair competition, rendition of accounts, delivery up, damages, etc.
20. The learned Counsel for the Plaintiff made the following submissions:
20.1. The Plaintiff is engaged in manufacturing and marketing range of cosmetic and personal care products namely creams, lotions, scrubs, face washes, gels, hair care pr
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