Back
2026 Supreme(Online)(Del) 11566
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J
MR. ALLU ARJUN VS. FRANKLY RETAIL PRIVATE LIMITED & ORS.
CS(COMM) 472/2026
For the Appellants/Petitioners: Sandeep Sethi, Yatin Chadha, Dushyant Mahant, Mayank Chadha, Kunal Khanna, Gurvinder Singh, Krisna Gambhir, Dolly Luthra, Shreya Sethi
For the Respondents: Neeraj Grover, Sumit R. Sharma, Sagar Agarwal, Chaitanya Grover, Siddhant Bajaj
Pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, may be exempted when the plaintiff seeks urgent interim relief.
Headnote:The matter involves a commercial suit filed under the Commercial Courts Act, 2015, and the Code of Civil Procedure, 1908, where the plaintiff sought various interim reliefs including the filing of additional documents, exemption from pre-litigation mediation, and an injunction against the defendants. The court permitted the filing of additional documents and granted exemption from pre-institution mediation, noting the urgency of interim relief. The primary issues concerned the admissibility of additional documents and the necessity of pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015. The court reasoned that where urgent interim relief is contemplated, the requirement for pre-institution mediation can be waived, citing established judicial precedents. The applications for additional documents, mediation exemption, and clear copies were allowed, and the suit was registered for further proceedings.
| Table of Content |
|---|
| 1. permission to file additional documents in commercial suits. (Para 1 , 2 , 3) |
| 2. exemption from pre-institution mediation for urgent interim relief. (Para 4 , 5 , 6) |
| 3. exemption from filing clear copies of documents. (Para 7 , 8 , 9) |
| 4. extension of time for filing hash report under bsa. (Para 10 , 11 , 12) |
| 5. procedure for transferring a related suit to avoid conflicting findings. (Para 13 , 14 , 15 , 16) |
| 6. interim injunction and defendant's cessation of mark usage. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 7. registration of suit and timelines for pleadings. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
O R D E R
I.A. 12484/2026 (Additional Documents)
1. The present application has been filed on behalf of the plaintiff under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) as applicable to commercial suits under the Commercial Courts Act, 2015 (hereinafter referred to as ‘CC Act’) seeking leave to place on record additional documents.
2. The plaintiff is 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. 12483/2026 (Pre-litigation mediation)
4. This is an application filed by the plaintiff 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. 12485/2026 (Exemption from filing clear copies of documents)
7. This is an application filed on behalf of the plaintiffs under Section 151 of CPC seeking exemption from filing clear copies of documents along with the captioned suit.
8. Exemption allowed, subject to just exceptions. However, true translated/clear copies of the said documents in the application, with proper margins be filed within two weeks with an advance copy to the defendants.
9. The application stands disposed of.
I.A. 12486/2026 (Extension of time to file Hash Report U/s 63(4) (C) BSA
10. This is an application under Section 151 of CPC seeking extension of time for filing Hash Report under Section 63(4)(C) of the Bhartiya Sakshya Adhiniyam, 2023 .
11. For the reasons stated therein, the same is allowed. Plaintiff is permitted to file the said report within 60 days with an advance copy to learned counsel for the defendants.
12. The application stands disposed of.
I.A. 12487/2026 (Seeking transfer of CS(COMM) 84/2026 from Rohini Court to this Court
13. This is an application under Section 24 of CPC read with Rule 26 of the Delhi High Court Intellectual Property Rights Division Rules, 2022 , filed on behalf of plaintiff, seeking transfer of CS(COMM) 84/2026 titled “Shivang Edibles Oils Limited v. K.S. Oils Limited & Anr.”, pending before the learned District Judge (Commercial Court-02), Rohini, to this Court for trial and disposal in order to avoid multiplicity of proceedings and conflicting findings.
14. Issue notice.
15. Notice is accepted by Mr. Neeraj Grover, learned counsel appearing for the defendant nos.1 to 3, who seeks and is granted four weeks’ time to file reply to the application.
16. Rejoinder, thereto, if any, be filed within two weeks thereafter.
I.A. 12482/2026 (Stay)
17. Present application has been filed on behalf of the plaintiff under Order XXXIX Rules 1 & 2 of CPC, 1908, seeking ex-parte ad-interim injunction against the defendants.
18. Issue notice.
19. Notice is accepted by Mr. Neeraj Grover, learned counsel appearing for the defendant nos.1 to 3.
20. After extensive arguments, Mr. Neeraj Grover, learned counsel appearing for the defendant nos.1 to 3, on instructions, states without prejudice to his rights and contentions in respect of the allegations made in the plaint, that since
