$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1303/2025 BODYCARE CREATIONS LIMITED .....Plaintiff Through: Mr. Nishant Mahtta, Mr. Junaid Alam & Mr. S. Nithin, Advocates.

versus MANISH GIRDHER PROPRIETOR OF BODYTONIC INDUSTRIES & ANR. .....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 08.12.2025 I.A. 30604/2025 (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, 2015 (“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. 30606/2025 (Exemption)

4. Exemption is allowed, subject to all just exceptions.

5. The Application stands disposed of.

I.A. 30607/2025 (to mask the identities of the Parties)

6. ThePlaintiffapprehendsfailureoftheLocalCommissioniftheidentity of the Defendants revealed and has requested masking of identities of the Parties till the filing of the report of the Local Commissioner in compliance with the Practice Direction No.139/Rules/DHC dated 27.05.2025.

7. Exemption is granted, subject to all just exceptions.

8. The Application stands disposed of.

I.A. 30605/2025 (Exemption from advance service to the Defendants)

9. 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.

10. Mr. Nishant Mahtta, 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 its infringing business operations and digital footprints.

11. In view of the fact that the Plaintiff has sought an urgent ex-parte ad- interiminjunctionalongwiththeappointmentoftheLocalCommissioner,the exemption from advance service to the Defendants is granted.

12. The Application stands disposed of.

CS(COMM) 1303/2025

13. Let the Plaint be registered as a Suit.

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

15. 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.

16. 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.

17. 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.

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

19. List before the learned Joint Registrar on 29.01.2026 for completion of service and pleadings.

I.A. 30602/2025 (U/O XXXIX Rule 1 & 2 of CPC)

20. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.

21. The Plaintiff has filed the present Suit, inter alia, seeking permanent injunction restraining infringement of Copyright and passing off.

21.1 The Plaintiff’s business traces its origin to the year 1992 when its predecessor-in-interest commenced the manufacturing and trading of innerwear products through a partnership firm under the name of M/s Pawan Hosiery.

21.2 The Plaintiff was duly incorporated under the provisions of the Companies Act, 2013.