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2025 Supreme(Online)(Del) 48837

IN THE HIGH COURT OF DELHI AT NEW DELHI


$~15


CS(COMM) 594/2025 & I.A. 14403/2025, I.A. 14404/2025, I.A. 14405/2025, I.A. 14406/2025, I.A. 14407/2025


GAMESKRAFT TECHNOLOGIES PRIVATE LIMITED AND ANR .....Plaintiffs

versus

JOHN DOE AND ORS .....Defendants


Through: Mr. Sandeep Sethi, Senior Advocate with Mr. Arun Srikumar, Mr. Abhyudaya Shishodia & Mr. Ritwik Gupta, Advocates.

Through: Mr. Gaurav Barathi, Advocate for D-33, 34 and 36.


CORAM: HON'BLE MR. JUSTICE AMIT BANSAL


O R D E R

30.05.2025

I.A. 14404/2025 (exemption from filing original copies, true typed copies of dim/ unclear/ illegible documents)

1. Allowed, subject to the plaintiffs filing clear copies of the dim documents within four (4) weeks.

2. The plaintiffs are exempted from filing original/ clearer documents at this stage.

3. The application stands disposed of.

I.A. 14405/2025 (exemption from filing Legal Proceeding Certificates)

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

5. Plaintiffs are exempted from filing the legal proceedings certificates oftrademarks registered in favour of the plaintiffs at this stage.

6. The application stands disposed of.

I.A. 14406/2025 (u/s 12A of Commercial Courts Act)

7. As the present suit contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC Online SC 1382, exemption from the requirement of pre-institution mediation is granted.

8. The application stands disposed of.

I.A. 14407/2025 (under Section 80(2) of the CPC)

9. The present application has been filed on behalf of the plaintiffs under Section 151 of the Code of Civil Procedure, 1908, seeking exemption from advance service to the defendants no. 33 to 36.

10. In view of the urgent relief sought and the nature of relief sought against defendants no. 33 to 36, exemption is granted to the plaintiffs from serving the requisite notices to the defendants no. 33 to 36, under Section 80(2) read with Section 151 of the CPC.

11. The application is disposed of.

12. Let the plaint be registered as a suit.

13. Issue summons.

14. Summons are accepted by counsel appearing for defendants no.33, 34 and 36, who waive issuance of formal summons.

15. Summons be issued to the remaining defendants through all permissible modes.

16. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons.Along with the written statement(s), the defendants shall also file an affidavit of admission/denial of the documents of the plaintiffs, without which the written statement(s) shall not be taken on record.

17. Liberty is given to the plaintiffs to file replication(s), if any, within thirty days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiffs, an affidavit of admission/denial of the documents of the defendants be filed by the plaintiffs.

18. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

19. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

20. List before the Joint Registrar on 31st July, 2025 for completion of service and pleadings.

21. List before the Court on 26th September, 2025.

I.A. 14403/2025 (under Order XXXIX Rule 1 and 2 of CPC)

22. The present suit has been filed for permanent injunction restraining the defendants from infringing the trade mark and copyright, passing off, along with other reliefs.

23. The plaintiff no.1 (including its group of companies) is stated to be one of India’s first gaming companies to build an ISO 9001:2015 certified platform. The plaintiff no.2 is part of the plaintiff no.1’s group of companies. Since its inception in 2017, the plaintiff no.1 and its affiliates have catered to a growing group of skill-based players within the online gaming community,and resultantly, the companies within the group are now amongst the country’s most recognised online skill-based gaming companies, home to immensely popular, widely known and recognised platforms, i.e., Rummyculture, Playship Rummy, Pocket52, RummyPrime, Ludo Culture and RummyTime.

24. It is submitted that the plaintiffs use numerous tradem

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