IN THE HIGH COURT OF DELHI AT NEW DELHI
$~35
CS(COMM) 754/2025, I.A. 17896/2025, I.A. 17897/2025, I.A. 17898/2025 & I.A. 17899/2025
CAPITAL FOODS PRIVATE LIMITED .....Plaintiff
Through: Mr. Pravin Anand, Mr. Achuthan Sreekumar, Mr. Rohil Bansal and Mr. Swastik Bisariya, Advs.
versus
PITAMBARI PRODUCTS PRIVATE LIMITED .....Defendant
Through: None
CORAM: HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
28.07.2025
I.A. 17898/2025
1. This application under Section 151 of the Code of Civil Procedure, 1908 [‘CPC’], has been filed by the Plaintiff seeking exemption from filing typed/ legible copies of the dim/ illegible documents, handwritten and documents with insufficient margins at this stage within two (2) weeks.
2. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
3. The typed and/or fair copies of the illegible documents be filed within two (2) weeks.
4. Accordingly, the application stands disposed of.
I.A. 17897/2025
5. 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’)] read with Section 151 CPC, within thirty (30) days.
6. The Plaintiff, if it wishes 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’).
7. For the reasons stated in the application, the same is allowed.
8. Accordingly, the application is disposed of.
I.A. 17899/2025
9. 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.
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. Krithi, (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.
CS(COMM) 754/2025
12. The present suit has been filed by the Plaintiff seeking permanent injunction restraining infringement of registered trademarks, passing off, dilution and tarnishment of trademarks; damages; rendition of accounts; delivery up; declaration of well-known mark, etc.
13. Let the plaint be registered as a suit.
14. Summons be issued to Defendant by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.
15. 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.
16. 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.
17. 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 detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
18. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
19. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
20. At this stage, no summons are being issued to Defendant nos. 2 and 3.
21. List before the learned Joint Registrar (J) for completion of service and pleadings, marking of exhibits and admission/denial of documents on 02.09.2025.
22. List before the Court on 16.12.2025.
I.A. 17896/2025 (application under Order XXXIX Rules 1 and 2 CPC)
23. This application under Order XXXIX Rules 1 and 2 CPC, has been filed by the Plaintiff inter-alia see







Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.