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2025 Supreme(Online)(Del) 48626

$~42 *


IN THE HIGH COURT OF DELHI AT NEW DELHI


CS(COMM) 647/2025, I.A. 15197/2025


RELIANCE RETAIL LIMITED .....Plaintiff

versus

ASHOK KUMAR & ORS. .....Defendants


Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. Sai Krishna Rajagopal, Mr. Sidharth Chopra, Mr. Yatinder Garg, Ms. Disha Sharma and Mr. Abjay Aren, Advs.

Through: None.


CORAM:

HON’BLE MR. JUSTICE SAURABH BANERJEE


07.07.2025

O R D E R

I.A. 15195/2025

(Exemption from pre-institution mediation)

1. Vide the present application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of the Code of Civil Procedure, 1908 (CPC), the plaintiff seeks exemption from pre-litigation mediation.

2. Considering the averments made in the present application, as also since the plaintiff is seeking grant of urgent interim relief as also since the present matter pertains to mass consumer deception and financial fraud causing detriment to public interest, the plaintiff is exempted from instituting pre-litigation mediation, more so, since an accompanying application under Order XXXIX rule/s 1 & 2 of the CPC has also been filed herewith.

3. Accordingly, the present application is allowed and disposed of.

I.A. 15200/2025

(Exemption)

4. Exemption allowed, subject to all just exceptions.

5. The application stands disposed of.

I.A. 15199/2025

(Exemption from advance service to D-1)

6. Vide the present application under Section 151 of the CPC, the plaintiff seeks exemption from advance service upon the defendant no.1/ unknown entity(s).

7. Learned counsel for the plaintiff submits that the defendant no.1 is using various anonymous phone numbers and WhatsApp accounts impersonating agents of the plaintiff with the sole intent of defrauding the plaintiff’s customers, and its contact details are not known at the moment, hence the plaintiff may be granted exemption from effecting advance service upon the said defendant no.1.

8. For the reasons stated in the present application, as also taking into account the aforesaid factors, and since it would be in the interest of justice, the plaintiff is granted exemption from effecting advance service upon defendant no.1.

9. Accordingly, the present application stands disposed of.

I.A. 15198/2025

(Exemption from advance service to D-7 and D-8)

10. Vide the present application under Section 80 of the CPC, the plaintiff seeks exemption from advance service upon the defendant nos.7 and 8, i.e. the Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MEITY).

11. Learned counsel for the plaintiff submits that the aforesaid defendant nos.7 and 8 have been impleaded for the limited purposes of issuance of notifications directing compliance with any order(s) that may be passed by this Court, and since no other relief(s) is being claimed against the said defendants, the plaintiff may be exempted from effecting advance service thereupon.

12. For the reasons stated in the present application, as also taking into account the aforesaid factors, and since it would be in the interest of justice, the plaintiff is granted exemption from effecting advance service upon defendant nos.7 and 8.

13. Accordingly, the present application stands disposed of.

I.A. 15196/2025

(Additional documents)

14. Vide the present application under Order XI rule 1(4) read with Section 151 of the CPC, the plaintiff seeks leave of this Court to file additional documents.

15. The plaintiff will be at liberty to file additional documents at a later stage, albeit, after initiating appropriate steps, strictly as per the provisions of the Commercial Courts Act, 2015 read with Section 151 of the CPC and the Delhi High Court (Original Side) Rules, 2018.

16. Accordingly, the present application stands disposed of.

CS(COMM) 647/2025

17. Vide the present plaint, the plaintiff seeks grant of permanent injunction restraining trademark infringement, trademark rights, passing- off, unfair trade practices, dilution and other appropriate reliefs against the defendants.

18. In compliance with the order dated 03.07.2025 passed by this Court, learned senior counsel for the plaintiff has handed over the distribution of cases/ complaints filed by consumers across India in relation to the issue at hand. The same reflects that as many as 666 of such have been filed in Delhi, and, in furtherance of the pleadings contained in paragraph no.67 of the present plaint, sub

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