$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1302/2025 & I.As. 30528-31/2025 BATA INDIA LIMITED .....Plaintiff Through: Mr. Urfee Roomi, Ms. Anuja Chaudhury, Mr. Ritesh Kumar, Mr. Ayush Dixit, Mr. Arpit Singhal, Mr. Jaskaran Singh, Ms. Chahat Bhatia and Ms. Angela Arora, Advocates versus RAJ KUMAR CHOUDHARY AND ORS .....Defendants Through: None CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 08.12.2025 I.A. 30531/2025 (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 of the 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, (2024) 5 SCC 815, exemption from the requirement of pre-

institution mediation is granted to the plaintiff.

3. Accordingly, the application stands disposed of.

I.A. 30529/2025 (application under Order XI Rule 1(4) CPC)

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

5. 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 and the Delhi High Court (Original Side) Rules, 2018.

6. For the reasons stated in the application, the same is allowed.

7. Accordingly, the application is disposed of.

CS(COMM) 1302/2025

8. Let the plaint be registered as a suit.

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

10. 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.

11. The plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement(s). The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by defendants, failing which the replication 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 before the learned Joint Registrar (J) on 16.01.2026.

15. List before Court on 18.05.2026.

I.A. 30528/2025 (Under Order XXXIX Rule 1 and 2 CPC)

16. This application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC has been filed by the plaintiff seeking an interim injunction restraining the defendants from using ‘BATACLEAN’ and [‘device mark’] and/or any other mark which is deceptively similar to the plaintiff’s

‘BATA’ marks.

17. The case set up by the plaintiff in the plaint, may be summarised as under: -

17.1. The present suit relates to the defendants’ illegal and unauthorized adoption and use of the mark ‘BATACLEAN’ and [‘device mark’], [hereinafter collectively referred to as ‘impugned marks’] in relation to liquid detergents, floor cleaners, surface cleaners, bathroom cleaners, glass cleaners, dishwashers, phenyl, car wash shampoos, etc, and other household

cleaning agents.

17.2. The plaintiff company i.e., Bata India Limited is amongst the largest manufacturers and retailers of footwear in the world. The mark ‘BATA’ is the plaintiff’s house mark as well as corporate name, and has been used, on a worldwide basis, since at least as early as the year 1894.

17.3. The plaintiff is the proprietor of various registrations for the ‘BATA’ marks