IN THE HIGH COURT OF DELHI AT NEW DELHI
RAQUALIA PHARMA INC & ANR. VS. HETERO LABS LIMITED & ANR.
CS(COMM) 1291/2025
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1291/2025 & I.A. 30301-307/2025 XX .....Plaintiff Through: Mr. C. M. Lall, Sr. Advocate with Mr.
Vikrant Rana, Ms. Rima Majumdar, Ms. Deboleena Dutta and Ms.
Anukriti Banerjee, Advocates versus YY .....Defendant Through: None CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 04.12.2025 I.A. 30307/2025 (for 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 the original documents and filing clear/legible copies of documents with proper margin and documents in the vernacular language at this stage within four (4) weeks.
2. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side)
Rules, 2018.
3. The typed and/or fair copies of the illegible documents be filed within four (4) weeks, failing which the plaintiff will not be entitled to rely upon the documents.
4. The application stands disposed of.
I.A. 30306/2025 (seeking masking of identities of the parties)
5. This is an application filed under Section 151 of CPC seeking masking of identities of the parties under the practice direction issued vide no. 139/RULES/DHC dated 27.05.2025.
6. The Plaintiffs apprehend the failure of the local commission if the identity of the Defendants are revealed at this stage and have requested masking of the identities of parties, in compliance with the Practice Direction No.139/Rules/DHC dated 27.05.2025.
7. Considering the submissions made before this Court, the exemption is granted, subject to all just exceptions until the next date of hearing;
thereafter the cause list will reflect the names of the parties.
8. The application stands disposed of.
I.A. 30305/2025 (seeking exemption from filing pre-litigation mediation)
9. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC, filed by the plaintiff seeking exemption from instituting pre-litigation mediation.
10. Having regard to the fact 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. Keerthi1, exemption from the requirement of pre-
institution mediation is hereby granted to the plaintiff. 11. Accordingly, the application stands disposed of.
I.A. 30304/2025 (for seeking exemption from serving an advance copy)
12. This is an application filed under Section 151 of CPC on behalf of the plaintiff seeking exemption from serving an advance copy of the complete suit paper book of the present suit to the defendants.
13. In view of the fact that the plaintiff has sought an ex parte ad interim injunction along with the appointment of Local Commissioners, the exemption from effecting advance service upon the defendants is granted.
14. Accordingly, the application stands disposed of.
I.A. 30303/2025 (Under Order XI Rule 1(4) CPC)
15. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)] read with Section 151 CPC, within thirty (30) days.
16. 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 (‘DHC Rules’).
17. The application is disposed of.
CS(COMM) 1291/2025
18. Let the plaint be registered as a suit.
19. Summons be issued to defendants by all permissible modes on filing of process fee. Affidavit of service be filed within three (3) weeks.
20. 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 defendant shall also file affidavit(s)
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