IN THE HIGH COURT OF DELHI AT NEW DELHI
$~44
CS(COMM) 849/2025 & I.A. 20090-20094/2025
YMI GHAR SOAPS PRIVATE LIMITED .....Plaintiff
Through: Mr. Chander M. Lall, Sr. Adv. with Mr. Subhash Bhutoria and Ms. Anuja Negi, Advs.
versus
ASHOK KUMAR TRADING AS BENDIST EXPORT HAMARE GHAR KA SOAPS & ORS. .....Defendants
Through: Mr. Saikrishna Rajgopal with Mr. Akshay Maloo, Adv. for D-12
Mr. Dheeraj Nair and Mr. Angad Baxi, Advs. for D-13 and 14
Mr. Saikrishna Rajgopal with (through vc) Mr. Vivek Ayyagari, Ms. Mishti Dubey and Mr. Abhay Aren, Advs. for D-15
Ms. Nidhi Raman, CGSC along with Mr. Om Ram, Adv. for Defendant No. 16.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 19.08.2025
I.A. 20091/2025 (Application under Order XI Rule 1(4) (amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015) read with Section 151 of the Code of Civil Procedure, 1908 for seeking leave to file additional documents)
1. This is an application seeking leave to file additional documents 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’)], within 30 days.
2. The Plaintiff, if it wishes to file additional documents, will file the same within 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. 20093/2025 (application on behalf of the plaintiff under Section 12A of the Commercial Disputes Act, 2015 read with Section 151 CPC seeking exemption from instituting pre-litigation mediation)
5. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 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 judgment 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.
I.A. 20094/2025 (Application under Section 151 CPC, seeking exemption from advance service to Defendant Nos. 1-10)
8. The present application has been filed by the Plaintiff seeking exemption from advance service to Defendant Nos. 1 to 10.
9. In view of the fact that Plaintiff has sought an ex-parte ad-interim
injunction as also the details of the said defendants are incomplete or unavailable, in these peculiar facts, the exemption from affecting advance service upon the Defendant Nos. 1 to 10 is granted.
10. Accordingly, the application stands disposed of.
I.A. 20092/2025 (Application under Order XI Rules 1, 3 and 5 of the Code of Civil Procedure, 1908 (as amended by the Commercial Courts, Commercial Division and Commercial Appellate Divisions of High Courts Act, 2015) seeking discovery, production and inspection of the Defendants’ documents)
1. Issue notice. Learned counsel for Defendant Nos. 12, 14 and 15 accepts notice.
2. Defendant Nos. 12, 14 and 15 are directed to file their reply. Rejoinder thereto, if any, be filed within two (2) weeks thereafter.
3. Reply to the information sought at prayer clause A, B and C be filed within four (4) weeks.
4. At this stage, Defendant Nos. 12, 14 and 15 are directed to furnish the information sought at paragraph 3(D) of this application, within one (1) week. In addition, the said Defendants will also provide the BSI details of all the sellers for the listings enlisted at paragraph ‘17’ of the plaint.
5. At this stage, notice in this application is not being issued to the Defendant Nos. 11 and 13.
CS(COMM) 849/2025
6. Let the plaint be registered as a suit.
Summons to Defendant Nos. 12, 14 and 15
7. Learned counsel for Defendant Nos. 12, 14 and 15 accepts summons. They confirm the receipt of the suit paper book and waive formal service of summons.
8. The written statements must be filed within thirty (30) days from the date of receipt of the summons. The Defendant(s) shall also file affidavits of admission/denial of the documents filed by the Plaintiff, failing which the written statements shall not be taken on record.
9. The Plaintiff is at liberty to file replication(s) thereto within thirty (30) days after filing of the written statements. The replication(s) shall be accompanied by affidavits of admission/denial in respect
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