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2026 Supreme(Online)(Del) 4473

IN THE HIGH COURT OF DELHI AT NEW DELHI
CAPITAL FOODS PRIVATE LIMITED VS. SPICE NEST IMPEX PRIVATE LIMITED
CS(COMM) 165/2026



$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 165/2026 SIX CONTINENTS HOTELS, INC. .....Plaintiff Through: Ms. Nancy Roy, Ms. Ananya Chugh and Ms. Tia Malik, Advocates.

versus SAKTHI HOLIDAYS INN PRIVATE LIMITED .....Defendant Through:

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 19.02.2026 I.A. 4645/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

I.A. 4642/2026 (u/O XI Rule 1 (4) r/w 151 CPC)

3. This application is filed on behalf of the Plaintiff seeking to place on record additional documents.

4. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.

5. Application is allowed and disposed of. I.A. 4643/2026 (for pre-institution mediation)

6. This application is filed on behalf of the Plaintiff under Section 12-A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from Pre-Institution Mediation.

7. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from Pre-Institution Mediation.

8. Application is allowed and disposed of.

I.A. 4646/2026

9. This application has been filed on behalf of the Plaintiff under Order XI Rule (4) of Commercial Courts Act, 2015 read with Section 151 CPC seeking time to file original notarized apostilled documents and certified copies.

10. For the reasons stated in the application, the same is allowed permitting the Plaintiff to file original notarized apostilled documents and certified copies within 30 days from today.

11. Application stands disposed of.

I.A. 4644/2026 (u/S 151 CPC)

12. This application is filed on behalf of the Plaintiff seeking permission to file documents in compact disc/DVD.

13. For the reasons stated in the application, the same is allowed, permitting the Plaintiff to file documents in compact disc/DVD.

14. Application stands disposed of.

CS(COMM) 165/2026

15. Let plaint be registered as a suit.

16. Upon filing of process fee, issue summons to the Defendant through all permissible modes, returnable before the learned Joint Registrar on

16.03.2026.

17. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the receipt of summons along with affidavit of admission/denial of the documents filed by the Plaintiff.

18. It will be open to the Plaintiff to file replication within 30 days from the date of receipt of written statement along with affidavit of admission/

denial of documents filed by the Defendant.

19. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.

20. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits.

I.A. 4641/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)

21. This application is filed on behalf of the Plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for grant of ex parte ad interim injunction.

22. Issue notice to the Defendant through all permissible modes, returnable before Court on 07.04.2026.

23. The case as set out in the plaint is that Plaintiff is a company incorporated and registered under the laws of the State of Delaware, USA and is a part of world-renowned hospitality conglomerate, Intercontinental Hotels Group (“IHG”). As one of world's largest hotel companies, IHG has more than 990,000 rooms in more than 6600 hotels in over 100 countries, including India. There are more than 2,200 hotels with more than 3,33,000 rooms in the pipeline around the world. Plaintiff, with more than 200 years in the hospitality industry, is home to some of world's well-known and popular hospitality brands

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