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BIRKENSTOCK IP GMBH v. ASHOK KUMAR (S)JOHN DOE (S) & ORS


I.A. 13595/2025 (Exemption 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 plaintiff seeks exemption from pre-litigation mediation.

2. Considering the averments made in the present application, as also since the plaintiff is seeking ex parte ad interim injunction in an accompanying application, and also 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 plaintiff is exempted from instituting pre litigation mediation.

3. Accordingly, the present application stands disposed of.

I.A. 13599/2025 (Exemption)

4. Exemption allowed, subject to all just exceptions.

5. The application stands disposed of.

I.A. 13597/2025 (Exemption from advance service to defendants)

6. Vide the present application under Section 151 of the CPC, the plaintiff seeks exemption from advance service upon the defendants.

7. Learned counsel for the plaintiff submits that co

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