$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1295/2025 & I.A. 30429-30433/2025 HERO INVESTCORP PVT LTD AND ANR .....Plaintiffs Through: Mr. Kunal Khanna, Mr. Madhav Anand, Mr. Krtin Bhasin, Mr. Yashveer Singh, Mr. Udit Sharma, Mr. Kaulik Mitra, Mr. Param Goel and Ms. Priyanshi Gupta, Advs.

versus ASHOK KUMAR (JOHN DOE) .....Defendant Through: None CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 05.12.2025 I.A. 30431/2025(seeking exemption from instituting pre-litigation mediation)

1. This is an application under Section 12A of the Commercial Courts Act, 2015 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 Plaintiffs.

3. Accordingly, the application stands disposed of.

I.A. 30432/2025(seeking exemption from advance service to the Defendant) 4. The present application has been filed under Section 151 of the Code

of Civil Procedure, 1908 [‘CPC’] seeking exemption from service to the Defendant.

5. In view of the fact that the Plaintiffs’ have sought an ex parte ad- interim injunction along with the appointment of a Local Commissioner, the exemption from effecting service upon the Defendant, at this stage, is granted.

6. Accordingly, the application stands disposed of.

I.A. 30433/2025(seeking extension of time to file court fee)

7. This is an application under section 149 CPC read with section 151 CPC, seeking extension of time to file court fees.

8. Learned counsel for the Plaintiffs’ states that the court fees stand deposited today and the court fees certificate shall be deposited within one (1) week.

9. The period for extension is granted for one (1) week failing which the plaint shall stand rejected under Order VII Rule 11(b) CPC.

10. The application stands disposed of.

CS(COMM) 1295/2025

11. The present suit has been filed for permanent/perpetual injunction against infringement of trademark, passing off, counterfeiting and other ancillary reliefs against the Defendant.

12. Let the plaint be registered as a suit.

13. It is stated that the Defendant’s constitution is not known to the Plaintiffs and therefore it has been impleaded as an unknown entity. Limited liberty is granted to sue the Defendant as an unknown entity at this initial stage.

The Plaintiffs are directed to file an amended memo of parties furnishing the particulars of the Defendant within one (1) week after execution of the local commission.

14. Upon the amended memo of parties being filed, the Registry is directed to issue summons to the Defendant through all modes on filing of process fee. Affidavit of service be filed within two (2) weeks.

15. The summons shall indicate that the written statement must be filed within thirty (30) days from the date of receipt of the summons. The Defendant shall also file affidavit of admission/denial of the documents filed by the Plaintiffs, failing which the written statement shall not be taken on record.

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

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

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

19. List before the learned Joint Registrar (J) on 09.01.2026.

20. List before Court on 11.05.2026.

I.A. 30429/2025(under Order XXXIX Rule 1 & 2 read with section 151 CPC)

21. This is an application filed under Order XXXIX, Rules 1 and 2 read with Section 151 of CPC on behalf of the Plaintiffs se