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2025 Supreme(Online)(Del) 48747

IN THE HIGH COURT OF DELHI AT NEW DELHI


CS(COMM) 629/2025 & CAV 232/2025, I.As. 14815/2025, 14816/2025, 14817/2025, 14818/2025, 14819/2025, 14820/2025


HINDUSTAN UNILEVER LIMITED .....Plaintiff


Through: Mr. Sandeep Sethi, Sr. Adv., Mr. Saikrishna Rajagopal, Sr. Adv. with Mr. Vivek Ayyagari, Mr. Sulien George, Mr. Arjun Ghadhoke & Mr. Abhinav Bhalla, Advs.


versus


RSPL LIMITED .....Defendant


Through: Mr. C.M. Lall, Sr. Adv. with Ms. Nancy Roy, Ms. Annanya Chug & Mr. Prashant, Advs.


CORAM: JUSTICE PRATHIBA M. SINGH


O R D E R

20.06.2025

ORDER

% 20.06.2025

1. This hearing has been done through hybrid mode.

CAV 232/2025

2. Since the Caveator has entered appearance, Caveat is discharged.

I.A. 14820/2025 (for exemption)

3. This is an application filed by the Plaintiffs seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, proper margins, electronic documents, etc. 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.

4. Exemption is allowed, in the above terms, subject to all just exceptions. Accordingly, the application is disposed of.

I.A. 14816/2025 (u/s 12A)

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

6. Considering the facts and circumstances of the present case, the Court is satisfied that in terms of the judgment of the Supreme Court in Yamini Manohar v. T.K.D Keerthi, (2023 LiveLaw (SC) 906), the present suit contemplates urgent interim relief.

7. Accordingly, the exemption is allowed and application is disposed of.

I.A. 14817/2025 (for court fee)

8. The present application has been filed by the Plaintiff seeking exemption from filing requisite Court fee.

9. The Court fee is stated to have been paid by the Plaintiff. Accordingly the present application is infructuous and the same is disposed of.

I.A. 14818/2025

10. The present application has been filed by the Plaintiff seeking permission to place on record video recordings on digital storage devices.

11. The video recordings are taken on record. Application is disposed of.

I.A. 14819/2025 (for additional documents)

12. This is an application filed by the Plaintiffs seeking leave to file additional documents under the Commercial Courts Act, 2015.

13. The Plaintiffs, if wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015

and the Delhi High Court (Original Side) Rules, 2018. Application is disposed of.

CS(COMM) 629/2025

14. Let the plaint be registered as a suit.

15. Issue summons to the Defendant through all modes upon filing of Process Fee. Summons are accepted by ld. Counsel for the Defendant.

16. The written statement to the plaint shall be positively filed within 30 days. Along with the written statement, the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.

17. Liberty is given to the Plaintiff to file the replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendant, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

18. List before the Roster bench on 16th July, 2025.

I.A. 14815/2025 (u/O XXXIX Rules 1 & 2 CPC)

19. Issue notice in the present application. Ld. Counsel for the Defendant accepts notice.

20. The present suit has been filed by the Plaintiff- Hindustan Unilever Ltd. seeking an injunction against Defendant- RSPL Ltd. from disparaging the Plaintiff’s product i.e. Surf Excel detergent. The stand of the Plaintiff is that it is one of the market leaders in the category of detergent, washing powder, etc. The Plaintiff has a turnover of approximately Rs.11,000 Crore per annum for the ‘Surf’ branded products. The ‘Surf’ products are sold by

the Plaintiff in various packaging, out of which, the prominent packaging is the blue package called ‘Surf Excel’. The said brand itself was launched in the year 1996 by the Plaintiff.

21. In the year 2004, the product of the Plaintiff underwent a definitive transition and changed its branding to ‘Surf Excel Blue’

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