$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1315/2025 NEW BALANCE ATHLETICS INC. .....Plaintiff Through: Mr. Urfee Roomi, Mr. Ayush Dixit, Ms. Vanshika Bansal, Mr. Ritesh Kumar, Ms. Angela Arora, Ms. Adhya S & Mr. Jaskaran Singh, Advocates.

versus KARAN NAYYAR AND ANR. .....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 10.12.2025 I.A. 30868/2025 (Exemption from pre-institution Mediation)

1. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2018 (“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. 30869/2025 (Exemption from advance service to the Defendants)

4. 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 Defendants.

5. Mr.UrfeeRoomi,learnedCounselforthePlaintiff,submittedthatthere is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.

6. In view of the fact that the Plaintiff has sought an urgent ex-parte ad- interim injunction along with the appointment of Local Commissioners, the exemption from advance service to the Defendants is granted.

7. The Application stands disposed of.

CS(COMM) 1315/2025

8. Let the Plaint be registered as a Suit.

9. Issue Summons.Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.

10. The Summons shall state that the Written Statements shall be filed by theDefendantswithin30daysfromthedateofthereceiptofSummons.Along with the Written Statements, the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiff, without which the Written Statements shall not be taken on record.

11. Liberty is granted to the Plaintiff to file Replications, if any, within 30 days from the receipt of the Written Statements. Along with the Replications filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiff, without which the Replications shall not be taken on record.

12. 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.

13. IfanyofthePartieswishtoseekinspectionofanydocuments,thesame shall be sought and given within the prescribed timelines.

14. List before the learned Joint Registrar on 06.02.2026 for completion of service and pleadings.

I.A. 30866/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

15. The present Application has been filed on behalf of the Plaintiff 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.

16. The Plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side)

Rules, 2018.

17. Accordingly, the Application stands disposed of.

I.A. 30865/2025 (U/O XXXIX Rules 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 by the Plaintiff against the Defendants for infringement of its Device Marks, ‘ ’, ‘ ’, ‘

’, ‘ ’, ‘ ’, ‘ ’, ‘

’, ‘ ’, ‘ ’ and ‘ ’

(“Plaintiff’s Marks”) along with other ancillary reliefs.

20. The learned Counsel for the Plaintiff has made the following submissions:

20.1. The Plaintiff, New Balance Athletics Inc., is a company incorporated under the laws of the State of Massachusetts, United StatesofAmerica.The