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2025 Supreme(Online)(Del) 48820

IN THE HIGH COURT OF DELHI AT NEW DELHI


CS(COMM) 1281/2025


ONESTO LABS PRIVATE LIMITED .....Plaintiff


Through: Ms. Kripa Pandit & Mr. Christopher Thomas, Advocates.


Versus


MANISHABEN BHAVESHBHAI NARIGARA & ORS. .....Defendants


Through: Mr. Manas Raghuvanshi & Ms. Srishti Dhoundiyal, Advocates for D-2.


CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA


02.12.2025

O R D E R

I.A. No.30035/2025 (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.

IA No.30037/2025

4. For the reasons stated in the Application, the same is allowed.

5. The Application stands disposed of.

I.A. No.30038/2025 (Extension of time to file Court Fees)

6. The present Application has been filed by the Plaintiff under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”),seeking exemption from payment of Court Fees at the time of the filing of the Suit.

7. Considering the submissions made in the present Application, time of one week is granted to deposit the Court Fees.

8. The Application stands disposed of.

CS(COMM) 1281/2025

9. Let the Plaint be registered as a Suit.

10. Issue Summons. The learned Counsel for Defendant No. 2 accepts Summons. Let the Summons be served to the remaining Defendant(s) through all permissible modes upon filing of the Process Fee.

11. The Summons shall state that the Written Statement(s) shall be filed by the Defendant(s) within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendant(s) 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.

12. 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 Defendant(s) be filed by the Plaintiff, without which the Replication(s) shall not be taken on record.

13. 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.

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

15. List before the learned Joint Registrar on 27.01.2026 for completion ofservice and pleadings.

IA No.30036/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

16. 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.

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

18. Accordingly, the Application stands disposed of.

IA No.30034//2025 (u/O XXXIX R-1&2 CPC)

19. Issue Notice. The learned Counsel for Defendant No.2 accepts Notice. Let Notice be served to remaining Defendants through all permissible modes upon filing of the Process Fees.

20. The present Suit has been filed for permanent injunction and damages for passing off, infringement of copyright and unfair competition, dilution of goodwill, rendition of accounts of profits and damages.

21. The learned Counsel for the Plaintiff made the following submissions:

21.1. The Plaintiff incorporated on 18.10.2018 is engaged in the business of development, manufacture, and sale of premium personal care products. The Plaintiff is the registered proprietor of the Mark ‘Bare Anatomy’. The Plaintiff’s Mark ‘Bare Anatomy’ by virtue of extensive use, consistent quality, and wide consumer acceptance, has acquired reputation and goodwill amongst consumers, members of the trade, and the public at large. The Plaintiff has, since inception, made continuous, open, and

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