IN THE HIGH COURT OF DELHI AT NEW DELHI
$~39
CS(COMM) 531/2025 & IA 13596/2025
XX .....Plaintiff
Versus
YY & ORS. .....Defendants
Through: Mr. Chander M. Lall, Sr. Adv. with Mr. Raghav Malik, Ms. Aastha Kakkar, Mr. Lalit Alley, Mr. Prashant, Ms. Nida Khanam, Ms. Ananya Chug and Ms. Annanya Mohan, Advs.
Through: None.
CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
26.05.2025
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 considering the factual position involved, particularly since appointment of a Local Commissioner for execution of search and seizure of evidence/ counterfeit products at the premises of defendants are being sought, there is a likelihood that the apprehensions of the plaintiff will become a reality in case advance service is effected and therefore, an exemption from effecting advance service is necessary.
8. For the reasons stated in the application as also taking into account the aforesaid factors and in the interest of justice, the plaintiff is granted exemption from effecting advance service upon the defendants.
9. Accordingly, the present application is allowed and disposed of.
I.A. 13594/2025 (Additional document)
10. 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.
11. 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.
12. Accordingly, the present application stands disposed of.
I.A. 13598/2025 (Seeking leave to file certain documents on a compact disk (CD)/ pen drive)
13. By virtue of the present application under Section 151 of the CPC, the plaintiff seeks leave to file certain documents on a Pen Drive/ Hard Drive.
14. In terms of Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules 2018, let the electronic record by way of an encrypted CD/ DVD/ Pen Drive/ Hard Drive/ Medium with a hash value in a non-edited form be filed before the Registry within a period of four weeks.
15. Let the same accordingly form a part of the record of the present suit by way of an electronic folder in such a manner that it can be opened to view by this Court as and when required. Also let the hash value be kept separately by the Registry on the file.
16. Accordingly, the present application stands disposed of.
I.A. 13600/2025 (Seeking masking the name of the plaintiff)
17. By virtue of the present application, the plaintiff under Section 151 of the CPC, 1908, seeks masking the name of the plaintiff as also that of the defendants till the time the Local Commissioner submits his/ her report.
18. Accordingly, for the reasons stated therein, the present application is allowed and the name of the plaintiff and the defendants are masked till the submission of the Local Commissioners’ Reports, whereafter the said names shall be unmasked by the Registry.
19. The application stands disposed of.
20. Vide the present plaint, the plaintiff seeks grant of permanent
injunction restraining the defendants from infringement of trademark,
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