IN THE HIGH COURT OF DELHI AT NEW DELHI
CS(COMM) 744/2025 & I.As. 17713-17/2025
INDMONEY TECH PRIVATE LIMITED & ANR. .....Plaintiffs
Through: Mr. Kripa Pandit, Mr. Navreet Kaur, Mr. Avijit Sharma, Mr. Christopher Thomas, Ms. Pranjali Arya and Mr. Bhanu Gupta, Advocates
versus
ASHOK KUMAR AND ORS .....Defendants
Through: Mr. Mohit Singh, Ms. Shivika Mattoo, Advocates for D-5
Mr. Madhav Khosla, Advocate for D-6
Mr. Vihan Dang, Ms. Anuparna Chatterjee and Mr. Aditya Mathur, Advocates for D-9
CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
28.07.2025
O R D E R
I.A. 17716/2025 (for extension of time for filing of court fees)
1. This application under Section 149 of the Code of Civil Procedure, 1908 [‘CPC’] has been filed by the Plaintiffs seeking three (3) weeks’ for filing of Court fees of Rs. 2,13,952/- and one time process fee of Rs. 1,000/-.
2. The time sought for is granted, failing which the consequences of Order VII Rule 11(b) CPC shall follow.
3. In view of the aforesaid, this application is disposed of.
I.A. 17717/2025 (for exemption)
4. This application under Section 151 CPC has been filed seeking exemption from filing original/ certified copies of the documents at page nos. 70 to 887 of the Plaintiff’s documents.
5. Subject to the Plaintiffs filing the original/certified copies of the documents at page nos. 70 to 887 of the Plaintiff’s documents within four (4) weeks from today, exemption is granted for the present.
6. The application is disposed of.
I.A. 17714/2025 (for seeking exemption from pre-institution mediation)
7. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from instituting pre-litigation mediation.
8. 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. Krithi1((2024) 5 SCC 815), exemption from the requirement of pre-institution mediation is granted to the Plaintiffs.
9. Accordingly, the application stands disposed of.
I.A. 17715/2025 (Under Order XI Rule 1(4) CPC)
10. This is an application under Order XI Rule 1(4) 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, for seeking leave to file additional documents as per law.
11. The Plaintiffs, if they intend to file additional documents will file the same within thirty (30) days from today, and they shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 [‘DHC Rules’].
12. For the reasons stated in the application, the same is allowed.
13. Accordingly, the application is disposed of.
14. The present suit has been filed seeking relief of permanent injunction restraining the Defendant No. 1 from infringing the trademark of the Plaintiffs, passing off services as those of the Plaintiffs, as well as infringement of copyright along with other ancillary reliefs.
15. Let the plaint be registered as a suit.
16. Summons be issued to Defendant No. 1 by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.
17. 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 No. 1 shall also file affidavit of admission/denial of the documents filed by the Plaintiffs, failing which the written statement shall not be taken on record.
18. The Plaintiffs are at liberty to file replication thereto within thirty (30) days after filing of the written statement. The replication shall be accompanied by affidavits of admission/denial in respect of the documents filed by Defendant No. 1, failing which the replication shall not be taken on record.
19. 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.
20. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
21. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
22. List the matter before
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