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2025 Supreme(Online)(Del) 48685

IN THE HIGH COURT OF DELHI AT NEW DELHI


CS(COMM) 1251/2025


AMIR CHAND JAGDISH KUMAR EXPORTS LTD. .....Plaintiff


versus


KNAM FOODS PVT. LTD. & ORS. .....Defendants


CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA


24.11.2025

O R D E R

I.A. 29238/2025 (seeking leave to file additional documents)

1. This is an application under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (‘CPC’) [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)] read with Section 151 CPC, seeking leave to file additional documents within thirty (30) days.

2. The Plaintiff, if they wish to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 (‘DHC Rules’).

3. For the reasons stated in the application, the same is allowed.

4. Accordingly, the application is disposed of.

I.A. 29239/2025 (seeking exemption from filing certified copies)

5. This is an application under section 151 CPC, seeking exemption from filing certified copies of govt. statutory documents, clear copies of the illegible documents, documents in vernacular language & documents not having sufficient left-hand margins at this stage.

6. Subject to the Plaintiff filing certified copies, clear copies and translations within a period of 30 days from today, exemption is granted for the present, failing which, the plaintiff will not be entitled to rely upon these documents.

7. In addition, the Plaintiff is directed to e-file fresh coloured copies [with high resolution] of the Plaintiff’s trade dresses and Defendant’s impugned trade dress.

8. The application is disposed of.

I.A. 29240/2025 (seeking exemption from instituting pre-litigation mediation)

9. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC, seeking exemption from instituting pre-litigation mediation.

10. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (1 (2024) 5 SCC 815), exemption from the requirement of pre institution mediation is granted to the Plaintiff.

11. Accordingly, the application stands disposed of.

I.A. 29241/2025 (for exemption to serve the defendants in advance)

12. This is an application under section 151 CPC, seeking exemption to serve the Defendants in advance.

13. Learned counsel for the Plaintiff states that Plaintiff has served the Defendants through e-mail mode on 22.11.2025 and therefore the application has become infructuous.

14. This Court observes that no case for exemption was even otherwise made out.

15. The application is dismissed.

CS(COMM) 1251/2025

16. The present suit has been filed for permanent injunction restraining infringement of trademark, copyright, passing off and other ancillary rights against the Defendants.

17. Let the plaint be registered as a suit.

18. Summons be issued to Defendants by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.

19. The summons shall indicate that the written statement(s) must be filed within thirty (30) days from the date of receipt of the summons. The Defendants shall also file affidavit(s) of admission/denial of the documents filed by the Plaintiff, failing which the written statement(s) shall not be taken on record.

20. The Plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement(s). The replication shall be accompanied by affidavit(s) of admission/denial in respect of the documents filed by Defendants, failing which the replication shall not be taken on record.

21. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

22. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

23. List before the learned Joint Registrar (J) on 16.12.2025.

24. List before Court on 14.04.2026.

I.A. 29237/2025 (under Order XXXIX Rules 1 & 2 read with Section 151 CPC)

25. This is

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