* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1262/2025 & I.As. 29498-500/2025 FRANKFINN AVIATION SERVICES (PVT.) LTD. .....Plaintiff Through: Mr. C.M. Lall, Sr. Adv. with Mr.

Kulvinder Singh Kohli, Mr. Kapil Midha, Ms. Muskaan Garg, Mr. Garv Singh, Ms. Sindhoora Ravindran and Ms. Vartika Gautam, Advocates versus M/S FLY HIGH INSTITUTE & ORS. .....Defendants Through: Mr. Puneet Mittal, Sr. Advocate with Mr. Pankaj Kapoor, Mr. Nikhil, Mr. Ashish Tarwani, Ms. Shafiya and Mr.

Shikhar Singh, Advocates CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 08.12.2025 I.A. 29500/2025 (seeking exemption from pre-institution mediation)

1. This is an application filed under Section 12A of the Commercial Courts Act, 2015 read with Section 151 Code of Civil Procedure, 1908 (‘CPC’), seeking exemption from instituting pre-litigation mediation.

2. 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. Keerthi, $~35, exemption from the requirement of pre-

institution mediation is granted to the Plaintiff.

1 (2024) 5 SCC 815

3. Accordingly, the application stands disposed of.

I.A. 29499/2025 (for exemption)

4. This is an application filed under Section 151 of CPC on behalf of the Plaintiff seeking leave to file dim documents, vernacular documents, documents with insufficient left side margin and pleadings containing underlined text.

5. Subject to the Plaintiff filing dim documents, vernacular documents, documents with insufficient left side margin and pleadings containing underlined text within a period of four (4) weeks from today, exemption is granted for the present, failing which, the Plaintiff will not be entitled to rely upon these documents.

6. Accordingly, the application is disposed of.

CS(COMM) 1262/2025

7. Let the plaint be registered as a suit.

8. Issue summons.

9. Mr Pankaj Kapoor, learned counsel, appears on behalf of the Defendants and accept summons. He confirms the receipt of the suit paper-

book and waives the right of formal service of summons.

10. The Defendants shall file the written statement(s) within thirty (30) days. 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.

11. 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 Defendants, failing which the replication(s) shall not be taken on record.

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

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

14. List the matter before the Ld. Joint Registrar (J) on 09.01.2026.

15. List the matter before the Court on 16.03.2026.

I.A. 29498/2025 (Under Order XXXIX Rule 1 and 2 CPC)

16. This application under Order XXXIX Rule 1 and 2 read with Section 151 of CPC has been filed by the Plaintiff seeking an ex parte ad interim injunction restraining the Defendants from using the mark FLY HIGH/ FLY

HIGH INSTITUTE/ FH FLY HIGH INSTITUTE/ /

or any other mark which is deceptively similar to the Plaintiff’s registered trademark ‘FLY HIGH’.

17. Mr. C.M. Lall, learned senior counsel for the Plaintiff has set-up the Plaintiff's case as under: -

17.1. The Plaintiff through its business units namely, ‘Frankfinn Institute of Air-Hostess Training’ and ‘FLY HIGH’ is engaged in the field of imparting training in the fields of aviation, hospitality, travel management and customer services with the largest network of ‘State of the Art’ centres all across India. The said training institutes are being run under the trademark and style of ‘FRANKFINN’ and ‘FLY HIGH’.

17.2. The trademarks ‘FRANKFINN’ and ‘FLY HIGH’ were