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2025 Supreme(Online)(Del) 48621

IN THE HIGH COURT OF DELHI AT NEW DELHI


CS(COMM) 454/2025


MR. PIRUZ KHAMBATTA & ANR. .....Plaintiffs


Through: Mr. Saif Khan, Mr. Shobhit Agarwal, Ms. Meghana Kudligi and Mr. Prajjwal Kushwaha, Advocates.


versus


FRANCHISE INDIA BRANDS LIMITED & ANR. .....Defendants


Through: None.


CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE


09.05.2025

I.A. 11928/2025 (Exp from pre litigation 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 plaintiffs seek exemption from pre-litigation mediation.

2. Considering the averments made in the present application, as also since the plaintiffs are seeking ex parte ad interim injunction in an accompanying application, and in view of the judgment passed by the Hon’ble Supreme Court in Yamini Manohar v. T.K.D. Krithi 2024 (5) SCC 815, which has been followed by a Division Bench this Court in Chandra Kishore Chaurasia v. R. A. Perfumery Works Private Limited 2022:DHC:4454-DB, the plaintiffs are exempted from instituting pre litigation mediation.

3. Accordingly, the present application stands disposed of.

I.A. 11929/2025 (Exemption)

4. Exemption allowed, subject to all just exceptions.

5. The application stands disposed of.

I.A. 11927/2025 (Section 149 CPC for exemption from filing court fee and one-time process fee)

6. The plaintiffs, vide the present application under Section 151 of the CPC, seek an extension of time for filing the deficit court fee and one-time processing fee.

7. For the reasons stated therein and also in the interest of justice plaintiffs are granted two weeks to file the deficit court fees and one-time processing fee.

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

I.A. 11926/2025-Addl.doc.

9. Vide the present application under Order XI Rule 1(4) read with Section 151 of the CPC, the plaintiffs seek leave of this Court to file additional documents.

10. The plaintiffs 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.

11. Accordingly, the present application stands disposed of.

CS(COMM) 454/2025

12. Vide the present plaint, the plaintiffs seek grant of a permanent injunction restraining the defendants from infringement its registered trademark.

13. Let the plaint be registered as a suit.

14. Upon filing of the process fee, issue summons of the suit to the defendants through all permissible modes returnable before the learned Joint Registrar on 11.08.2025.

15. The summons shall state that the written statement(s) be filed by the defendants within a period of thirty days from the date of the receipt of the summons. Written statement(s) be filed by the defendants along with affidavit of admission/ denial of documents of the plaintiffs, without which the written statement(s) shall not be taken on record.

16. Replication(s) thereto, if any, be filed by the plaintiffs within a period of fifteen days from the date of receipt of written statement(s). The said replication, if any, shall be accompanied by with affidavit of admission/ denial of documents filed by the defendant(s), without which the replication(s) shall not be taken on record within the aforesaid period of fifteen days.

17. If any of the parties wish to seek inspection of any document(s), the same shall be sought and given within the requisite timelines.

18. List before the learned Joint Registrar for marking exhibits of documents on 11.08.2025. It is made clear that if any party unjustifiably denies any document(s), then it would be liable to be burdened with costs.

I.A. 11925/2025 (Stay)

19. Vide the present application under Order XXXIX Rule 1 and 2 of the CPC, the plaintiffs seek grant of an ex-parte ad-interim injunction restraining the defendants from infringement of its registered trademark under the Trade Marks Act, 1999 (the Act).

20. As per pleadings and arguments advanced by the learned counsel for the plaintiffs, plaintiff no.1 herein, is the Principal Shareholder of plaintiff no.2, the plaintiff no.2 is a company incorporated under the Indian Companies Act, 1956, with its registered office at 905, Atlanta Tower, Near Knowledge Aca

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