An ex-parte ad-interim injunction and appointment of a Local Commissioner may be granted in commercial intellectual property disputes where a prima facie case of trade dress infringement and passing off is established, and the balance of convenience favors the plaintiff to prevent irreparable harm to brand goodwill.

O R D E R

I.A. No.29347/2025(Exemption)

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

2. The Application stands disposed of.

I.A. No.29342/2025 (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 (“CC Act”).

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. No.29345/2025 (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. Ankur Sangal, the 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 bearing the deceptively similar Trade Mark.

8. In view of the fact that the 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 is disposed of.

I.A. No.29346/2025 (Extension of time to file Court Fees)

10. The present Application has been filed by the Plaintiff under Section 149 read with Section 151 of the CPC, seeking exemption from payment of Court Fees at the time of the filing of the Suit.

11. Considering the submissions made in the present Application, time of two weeks is granted to deposit the Court Fees.

12. The Application stands disposed of.

13. Let the Plaint be registered as a Suit.

14. Issue Summons. The learned Counsel Defendant Nos. 1 and 4 accepts Summons.

15. Let the Summons be served to Defendant Nos. 2 and 3 through all permissible modes upon filing of the Process Fee.

16. 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.

17. 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.

18. 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.

19. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

20. List before the learned Joint Registrar on 21.01.2026 for completion of service and pleadings.

I.A. No.29344/2025 (O-XI R-1(4)