$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1254/2025 THE SUPREME INDUSTRIES LTD. .....Plaintiff Through: Mr. Sachin Gupta, Ms. Mahima Chanchalani, Mr. Rohit Pradhan, Ms. Prashansa Singh, Mr. Adarsh Agarwal Ms. Diksha and Mr. Ajay Kumar, Advocates.

Versus ASHOK KUMAR 1 & ORS. .....Defendants Through: None.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 01.12.2025 I.A. 29285/2025 (Exemption)

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

2. The Application stands disposed of.

I.A. 29284/2025 (Exemption from pre-institution Mediation)

3. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015.

4. 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.

5. The Application stands disposed of.

I.A. 29286/2025 (Exemption from advance service to the Defendants)

6. 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.

7. Mr. Sachin Gupta, 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.

8. In view of the fact that Plaintiff has sought an urgent ex-parte ad- interim injunction along with the appointment of the Local Commissioners, the exemption from advance service to the Defendants is granted.

9. The Application stands disposed of.

I.A. 29289/2025 (to mask the identities of the Parties

10. The Plaintiff apprehends failure of the Local Commissions if the identityoftheDefendantsisrevealedandhasprayedformaskingofidentities of the Defendants till the filing of the Report of the Local Commissioners in compliancewiththePracticeDirectionNo.139/Rules/DHCdated27.05.2025. 11. However,since thename of the Defendants isunknown tothePlaintiff, the learned Counsel for the Plaintiff has filed amended Memo of Parties vide Diary No. 8646378/2025, which is taken on record. As per the amended Memo of Parties, the Defendants are now identified as Ashok Kumar. The Plaintiff may file further amended Memo of Parties, once the real names of the Defendants are known after the Local Commissions are conducted.

12. In view of the above, there is no necessity to mask the identity of the Defendants in the present case.Accordingly,this Application stands disposed of.

CS(COMM) 1254/2025

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 Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiff, without which the Written Statement(s) shall not be taken on record.

16. Liberty is granted to the Plaintiff to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiff, without which the Replication(s) 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 13.01.2026 for completion of service and pleadings.

I.A. 29288/2025 (U/O XXXIX Rule 1 &