ORDER

I.A. 10880/2026 (Additional Documents)

1. 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 Commercial Courts Act, 2015 (‘CC Act’) seeking leave to place on record additional documents.

2. 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.

3. Accordingly, the application stands disposed of.

I.A. 10878/2026 (Pre-Institution Mediation)

4. This is an application filed by the plaintiffs seeking exemption from instituting pre-litigation mediation under Section 12A of the CC Act.

5. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar vs. T.K.D. Keerthi: (2024) 5 SCC 815, exemption from the requirement of pre-institution mediation is granted.

6. The application stands disposed of.

I.A. 10879/2026 (Exemption from filing original documents)

7. This is an application filed on behalf of the plaintiffs under Section 151 of CPC seeking exemption from filing original documents of copies at page nos.22-24, 25, 26, 27, 28 and 29 along with the captioned suit.

8. Exemption allowed, subject to just exceptions. However, the said original documents with proper margins be filed within four weeks with an advance copy to the defendant.

9. The application stands disposed of.

I.A. 10881/2026 (Exemption)

10. This is an application filed on behalf of the plaintiffs under Section 151 of CPC seeking exemption from filing clearer/legible documents along with the captioned suit.

11. Exemption allowed, subject to just exceptions. However, true typed/translated/clear copies of the documents with proper margins be filed within four weeks with an advance copy to the defendant.

12. The application stands disposed of.

I.A. 10882/2026 (Urgent listing alongwith affidavit)

13. This is an application filed on behalf of the plaintiffs under Section 151 of CPC for urgent listing.

14. Since the matter has been listed today for consideration, the application has been rendered infructuous.

15. The application stands disposed of as such.

I.A. 10877/2026 (Order XXXIX Rules 1 & 2, CPC)

16. Present application has been filed on behalf of the plaintiffs under Order XXXIX Rules 1 & 2 of CPC, 1908 seeking ex-parte ad-interim injunction against the defendant.

17. The plaintiffs are a part of HOD Group comprising of three sister concerns - plaintiff no.1/House of Diagnostics, plaintiff no.2/HOD Healthcare Pvt. Ltd. and plaintiff no.3/House of Diagnostics Healthcare Pvt. Ltd., which are being managed by the members of the same family. The plaintiffs claim to be a well-established and reputed organization and well-known for providing quality, reliable and affordable diagnostic services and are focused towards attaining and benchmarking best industry standards with respect to their medical diagnostics services. The plaintiffs provide an extensive range of medical, health diagnostics, pathology, radiology, therapy and allied and connected services including but not limited to 3T MRI, CT Scan, Whole body PET-CT, Gamma Camera, Ultrasound, X-Ray, DEXA, Mammography, Uroflowmetry Test, Echocardiography, Neurology tests, etc.

18. It is claimed that the plaintiffs, in the year 2008, honestly and bona fide, conceived and adopted the trademark HOUSE OF DIAGNOSTICS/HOD/ for their goods and services. Subsequently, in the year 2013, the plaintiff no.1 adopted the trademark ‘H.O.D.’ as a part of its corporate name which has been in use since, as a word mark per se as well as a label mark and other variants. Plaintiffs claim to use the trademark HOD/H.O.D as a label mark in a highly distinctive manner, as depicted hereunder:-

19. The details of the registrations and applications filed by the plaintiffs for the HOD trademarks are enumerated hereunder:-