$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1064/2025 & I.A. 24769/2025 I.A. 24770/2025 I.A.

24771/2025 M/S S. K. EDUCATIONS PVT. LTD. .....Plaintiff Through: Ms. Aarzoo Aneja, Adv. (Through VC)

versus MANJUL DWIVEDI & ORS. .....Defendants Through: None CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 08.12.2025 I.A. 24771/2025 (exemption)

1. This application under Section 151 of the Code of Civil Procedure, 1908 [‘CPC’], has been filed by the Plaintiff seeking exemption from filing of dim/ illegible documents within two (2) weeks.

2. The typed and/or fair copies of the illegible documents be filed within two (2) weeks, failing which, the plaintiff will not be entitled to rely upon the said documents.

3. Accordingly, the application stands disposed of.

I.A. 24770/2025

1. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the CPC [as amended by the Commercial Courts Act, 2015] read with Section 151 CPC, within thirty (30) days.

2. 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, 2015 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.

CS(COMM) 1064/2025

5. Let the plaint be registered as a suit.

6. Summons be issued to the Defendants by all permissible modes on filing of process fee. Affidavit of service(s) be filed within two (2) weeks.

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

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

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

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

11. List before the learned Joint Registrar (J) for completion of service and pleadings on 20.01.2026.

12. List before the Court on 21.05.2026.

I.A. 24769/2025(under Order XXXIX Rule 1 and 2 CPC)

13. The present application under Order XXXIX Rules 1 & 2 read with Section 151 of CPC has been filed by the Plaintiff seeking an ex-parte ad- interim order restraining the Defendants from providing, offering educational services, advertising [physical/virtual sites] or doing any other act under the Plaintiff’s registered ‘BACHPAN’ marks.

14. The case set up by the Plaintiff in the plaint, can be summarised as under: -

14.1. The Plaintiff company is engaged in imparting and promoting educational services in the field of play schools since 2004. The Plaintiff has established a chain of 1000 play schools in all States of India by providing franchises under its flagship brand ‘BACHPAN’. The word ‘BACHPAN’

was adopted by the Plaintiff’s founder, Sh. Ajay Gupta for the play schools.

14.2. The Plaintiff is the registered proprietor of ‘BACHPAN’ trademarks [both wordmarks and device marks] since 2003, the details of which are provided at paragraph nos. 12 to 16 and 27 of the plaint.

The Plaintiff is presently running its educational activities under the

device mark registered in Class 41 vide registration no.

4068768 on 28.01.2019.

14.3. It is stated that the Plaintiff’s marks - and

constitutes ‘original artistic works’ within the meaning of Section 2(c) and Section 13 of the Copyright Act, 1957; accordingly, the Plaintiff is the owner o