O R D E R

% 11.08.2025

I.A. 19432/2025 (Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The Application stands disposed of.

I.A. 19430/2025 (Exemption from Pre-Institution Litigation Mediation)

3. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 (“CC Act”).

4. 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.

5. The Application stands disposed of.

I.A. 19431/2025(O-XI R-1(4) of the Code of Civil Procedure, 1908)

6. The present Application has been filed on behalf of the Plaintiffs 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.

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

8. Accordingly, the Application stands disposed of.

CS(COMM) 817/2025

9. Let the Plaint be registered as a Suit.

10. Issue Summons. The learned Counsel for Defendant Nos. 3 and 4 have appeared and accept Summons.

11. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.

12. Liberty is granted to the Plaintiffs 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 Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiffs, 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 15.10.2025 for completion of service and pleadings.

I.A. 19429/2025

16. Issue Notice. The learned Counsel for Defendant Nos. 3 and 4have appeared and accept Notice.

17. The Plaintiffs have filed the present Suit seeking relief of permanent injunction restraining the Defendants from infringing the Plaintiffs’ Marks ‘TATA’ and ‘TATA PAYMENTS’ (“Subject Marks”), passing off and other ancillary reliefs.

18. The learned Counsel for the Plaintiffs submitted that Plaintiff No. 1 is a private limited company, incorporated in India in the year 1917. Plaintiff No. 2 is a public limited company, incorporated in India. The Plaintiffs are a part of the TATA Group of Companies. Plaintiff No. 2, is a wholly owned subsidiary of Tata Digital Private Limited, and serves as the financial services arm of the Plaintiffs’ group and is engaged in providing a wide range of payment solutions and financial services. Plaintiff No. 2 secured an RBI Payment Aggregator (PA) license 01.01.2024 to process e-commerce transactions and act as a merchant payment service provider. Further, Plaintiff No. 2 is a Reserve Bank of India-licensed Payment Aggregator and Prepaid Payment Instrument issuer.

19. The learned Counsel for the Plaintiffs submitted that Plaintiff No. 1 is the registered proprietor of the various TATA formative Trade Marks in India, with the earliest registration dating back to the year 1942. Plaintiff No. 1 holds over 1496 registrations for its TATA formative marks. The Plaintiffs owns more than 2,000 ‘TATA’ formative domains, with the earliest domain name regi