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2026 Supreme(Online)(Del) 10852
IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J
AISHWARYA FOOD INDUSTRIES PRIVATE LIMITED VS. AISHWARYA AGRIPROCESSORS PRIVIATE LIMITED AND ORS
CS(COMM) 428/2026
For the Appellants/Petitioners: Rajshekhar Rao, Ajay Sabharwal, Sudarshan Singh Shekhawat, Thakur Viraj Sudhir, Himanshu Singh
For the Respondents: Darpan Wadhwa, Sandeep Das, Kanak Malik, Tejasvi Mahajan
The court granted exemptions from mandatory pre-institution mediation and impleading international right holders, while directing the defendant intermediary to provide subscriber information and implement a 36-hour takedown mechanism for infringing links.
Headnote:(A) Commercial Courts Act - Pre-Institution Mediation - Exemption - Where urgent relief is prayed for, the mandatory requirement of pre-institution mediation under Section 12-A can be exempted. (Para 6)
(B) Copyright Act - Impleading Parties - Exemption - Plaintiffs may be granted exemption from impleading international right holders as proforma parties under Section 61 of the Copyright Act. (Para 21)
(C) Intermediary Liability - Infringement - Takedown and Information - The Court may direct an intermediary to provide basic subscriber information of alleged infringers and establish a mechanism to take down infringing links within a specified timeframe upon notification. (Para 38)
Issues: Whether the plaintiffs are entitled to exemptions from pre-institution mediation and impleading international parties, and whether interim directions for subscriber information and link takedown should be granted.
| Table of Content |
|---|
| 1. procedural appearances and basic exemptions (Para 1 , 2 , 3 , 4) |
| 2. exemption from mandatory pre-institution mediation (Para 5 , 6 , 7) |
| 3. procedural applications for service and documentation (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. exemption from impleading international right holders (Para 20 , 21 , 22) |
| 5. registration of suit and issuance of summons (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 6. directives for subscriber info and link takedown (Para 37 , 38) |
O R D E R
CAVEAT 180/2026
1. Ms. Kanak Malik, learned counsel enters appearance on behalf of Defendant No. 1.
2. Caveat stands discharged.
I.As. 11303/2026, 11304/2026
(Exemptions)
3. Allowed, subject to all just exceptions.
4. Applications stand disposed of.
I.A. 11301/2026
(for pre-institution mediation)
5. This application is filed on behalf of the Plaintiffs under Section 12-A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from Pre-Institution Mediation.
6. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi , (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd. , 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiffs from Pre-Institution Mediation.
7. Application is allowed and disposed of.
I.A. 11302/2026
(u/S 151 CPC)
8. This application is filed on behalf of the Plaintiffs seeking exemption from effecting advance service on the Defendants.
9. For the reasons stated in the application, the same is allowed exempting the Plaintiffs from effecting advance service on the Defendants.
10. Application stands disposed of.
I.A. 11300/2026
(u/O XI Rule 1 (4) Commercial Courts Act, 2015 r/w
11. This application is filed on behalf of the Plaintiffs seeking leave to place on record additional documents within 30 days.
12. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.
13. Application is disposed of.
I.A. 11305/2026
(u/S 151 CPC)
14. This application is filed on behalf of the Plaintiffs seeking exemption from effecting advance service on Defendants No. 2 to 39.
15. For the reasons stated in the application, the same is allowed exempting the Plaintiffs from effecting advance service on Defendants No. 2 to 39.
16. Application stands disposed of.
I.A. 11306/2026
(u/S 151 CPC)
17. This application is filed on behalf of the Plaintiffs for filing the partially redacted documents at Serial No.10 on record.
18. For the reasons stated in the application, the same is allowed permitting the Plaintiffs to file partially redacted documents at Serial No.10 on record.
19. Application stands disposed of.
I.A. 11307/2026
20. This application is filed on behalf of the Plaintiffs under Section 61 of The Copyright Act, 1970 read with Section 151 CPC seeking exemption from impleading the international right holders as proforma party/parties in the present suit.
21. For the reasons stated in the application, the same is allowed granting exemption to the Plaintiffs from impleading the international right holders as proforma party/parties in the present suit.
22. Application stands disposed of.
23. Let plaint be registered as a suit.
24. Issue summons.
25. Ms. Kanak Malik, learned counsel accepts summons on behalf of Defendant No. 1.
26. Written statement, if any, shall be filed by Defendant No. 1 within 30 days from today along with affidavits of admission/denial of the documents filed by the Plaintiffs.
27. It will be open to the Plaintiffs to file replication within 30 days from the date of receipt of written statement along with affidavits of admission/denial of documents filed by Defendant No. 1.
28. Upon filing of process fee, issue summons to Defendants No. 2 to 39 through all
