I.A. 19673/2025(Exemption from pre-institution Mediation)

1. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 (“CC Act”).

2. As the present matter 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.

3. The Application stands disposed of.

I.A. 19674/2025(Additional Documents)

4. The present Application has been filed on behalf of the Plaintiff under

Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (“CPC”) as applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents.

5. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.

6. Accordingly, the Application stands disposed of.

CS(COMM) 832/2025

7. Let the Plaint be registered as a Suit.

8. Issue Summons to the Defendants through all permissible modes upon filing of the Process Fee.

9. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within 30 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 Plaintiff, without which the Written Statement(s) shall not be taken on record.

10. Liberty is granted to the Plaintiff to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiff, without which the Replication(s) shall not be taken on record.

11. In case any Party is 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.

12. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

13. List before the Joint Registrar on 13.10.2025 for completion of service and pleadings.

I.A. 19672/2025(U/O XXXIX Rule 1 & 2 of CPC)

14. Issue Notice. Let Notice be served through all permissible modes upon filing of the Process Fees.

15. The Plaintiff has filed the present Suit for permanent injunction restraining trade mark infringement, passing off, unfair competition and other ancillary reliefs.

16. The Plaintiff is engaged in the business of designing and developing motorcycles and scooters for customers around the world.

17. Mr. Saikrishna Rajagopal, the learned Counsel for the Plaintiff made the following submissions before this Court:

17.1. Plaintiff is the prior and registered proprietor of the Marks ‘DESTINY’, ‘DESTINI’ and ‘DESTINI PRIME’ (“Subject Marks”) under Classes 12 and 37. The Plaintiff has commercially used the Mark ‘DESTINI’ in the course of trade since the year 2018 and has not permitted or licensed the use of the Subject Marks in any manner.

17.2. Defendant Nos. 1 to 4, trading under the name and style ‘Urban e-bikes,’ are engaged in the business of manufacturing, marketing and selling electric scooters bearing the Marks ‘DESTINY’ and ‘DESTINY+’. Defendant Nos. 5 and 6, trading under the name and style ‘Galaxy EV’ are engaged in the business of selling, distributing and promoting scooters bearing the Marks ‘DESTINY’

and ‘DESTINY PRO’. Defendant Nos. 1 to 4 have a commercial relationship with Defendant Nos. 5 and 6. The Defendants have adopted the Marks ‘DESTINY’, ‘DESTINY+’ and ‘DESTINY PRO’ (“Impugned Marks”) in relation to the products falling under Class 12, i.e., two wheelers.

17.3. After a field investigation conducted by the Plaintiff, the Plaintiff became aware of the alleged infringing activities of the Defendants. The Plaintiff thereafter sent a C