$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1267/2025 VICTORIA FOODS PRIVATE LIMITED .....Plaintiff Through: Mr. Abhinav Bhatia, Ms. Sakshi Jain & Ms. Komolika Srivastava, Advocates.

versus MAYURANK FOOD PRODUCTS PRIVATE LIMITED & ORS. .....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 27.11.2025 I.A. 29548/2025 (Exemption)

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

2. The Application stands disposed of.

I.A. 29549/2025 (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. 29550/2025 (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 Defendant.

7. Mr. Abhinav Bhatia, 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- interiminjunctionalongwiththeappointmentoftheLocalCommissioner,the exemption from advance service to the Defendants is granted.

9. The Application is disposed of.

I.A.29551/2025(ExtensionoftimeforfilingtheCertificateunderSection

63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023)

10. ThepresentisanApplicationfiledbythePlaintiffunder Section151 of theCPCseekingexemptionfromfiling the requisiteCertificateunder Section

63(4)(c) of the Bhartiya Sakshya Adhiniyam, 2023.

11. The Plaintiff shall file the relevant Certificate within a period of four weeks.

12. Accordingly, the Application is allowed in the aforesaid terms.

CS(COMM) 1267/2025

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 theDefendantswithin30daysfromthedateofthereceiptofSummons.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 21.01.2026 for completion of service and pleadings.

I.A. 29547/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

20. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents.

21. The Plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side)

Rules, 2018.

22. Accordingly, the Application stands disposed of.

I.A. 29545/2025 (U/O XXXI