I.A. 29581/2025 (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, 2015’)] 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. 29580/2025 (seeking exemption from pre-institution mediation)

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

6. 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, ((2024) 5 SCC 815), exemption from the requirement of pre-institution mediation is granted to the Plaintiff.

7. Accordingly, the application stands disposed of.

CS(COMM) 1271/2025

8. The present suit has been filed for permanent injunction restraining infringement of trademark, passing off and other ancillary reliefs against the Defendant.

9. Let the plaint be registered as a suit.

10. Summons be issued to Defendant through speed post and e-mail on filing of process fee. Affidavit of service be filed within one (1) week.

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

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

record.

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

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

15. List before the learned Joint Registrar (J) on 23.12.2025.

16. List before Court on 28.04.2026.

I.A. 29579/2025 (under Order XXXIX Rule 1 & 2 CPC)

17. The is an application under Order XXXIX Rules 1 & 2 of the CPC, filed by the Plaintiff, seeking ex-parte ad-interim injunction against the Defendant.

18. Mr. Saikrishna Rajagopal, learned counsel for the Plaintiff has set out the case of the Plaintiff as under: -

18.1. The Plaintiff is engaged in the business of premium motorcycles and scooters for over four (4) decades. Plaintiff is the prior and registered proprietor of the marks ‘DESTINY’, ‘DESTINI’ and ‘DESTINI PRIME’ (‘Plaintiff’s Marks’) under Class 12 and 37. Since its adoption in 2018, the Plaintiff’s Marks has been continuously and uninterruptedly used by the Plaintiff. Details of the list of Plaintiff’s trademark applications and registrations thereof are mentioned at paragraph 26 of the plaint.

18.2. The Plaintiff’s turnover and sales figures for its products under the Plaintiff’s Marks as of the financial year 2025-2026 was reported as Rs. 368.67 crores. Details of the sales figures as well as the advertisement expenses are mentioned at paragraph 22 & 23 of the plaint, respectively.

19. The Defendant is engaged in the business of manufacturing and selling electric vehicles inter alia using identical and/or deceptively similar marks ‘DESTINY’, ‘DESTINY+’,’DESTINY PRO’ and ‘DEST PRO +’ [‘Impugned M