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2026 Supreme(Online)(Del) 13049
IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J
ROHIT KHANNA PROPRIETOR OF SUNSHINE GIFTS AND STATIONERS VS. SONU YADAV PROPRIETOR OF SHINE TOY AND GIFTS
CS(COMM) 561/2026
For the Appellants/Petitioners: Swathi Sukumar, Nageshwar Kumhar, Ayush Dey, Ritik Raghuwanshi, Rishika Aggarwal, Anshu Tulsyan
For the Respondents: Sidharth Chopra, Sneha Jain, Akshay Maloo, Srishti Dhoundiyal, Gyanendra Rathour
Exemption from pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015, may be granted in urgent cases, and parties may be referred to mediation even when the maintainability of the suit is challenged based on an arbitration clause.
Headnote:The plaintiffs filed a commercial suit seeking a permanent injunction to restrain the defendant from allowing unauthorized third-party sellers to utilize official brand listings and ASIN-linked marketplace ecosystems associated with the plaintiffs' registered trademarks. The court addressed several interlocutory applications, including a request for exemption from pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015, which was granted due to the urgency of the relief sought. The primary issue raised was the maintainability of the suit in light of an arbitration clause contained in a Buyer-Seller Agreement between the parties. The court considered the contention that the agreement was inter se and unrelated to the infringement of intellectual property rights by third parties. The court reasoned that while the preliminary objection on maintainability remains, the parties should attempt to resolve the dispute through mediation. parties are referred for mediation before the Delhi High Court Mediation and Conciliation Centre, where they shall appear on 06.07.2026.
| Table of Content |
|---|
| 1. handling of preliminary interlocutory applications and granting exemptions under the commercial courts act. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 2. procedural requirements for the registration of a commercial suit and timelines for pleadings. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 3. balancing arbitration clauses with urgent trademark infringement claims through mediation and interim directions. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
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O R D E R
I.A. 14506/2026 (u/S 151 CPC)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
I.A. 14510/2026 (u/S 149 CPC)
3. This application is filed on behalf of Plaintiffs under Section 149 CPC seeking extension of time for filing court fees and one-time process fee.
4. Learned Senior Counsel for the Plaintiffs submits that court fee has been deposited today and she does not press this application.
5. Application is disposed of as not pressed.
I.A. 14507/2026 (for pre-institution mediation)
6. This application is filed on behalf of Plaintiffs under Section 12-A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from Pre-Institution Mediation.
7. 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 Plaintiffs from Pre-Institution Mediation.
8. Application is allowed and disposed of.
I.A. 14508/2026 (u/S 151 CPC)
9. This application is filed on behalf of Plaintiffs under Section 151 CPC seeking exemption from filing volumes of the documents.
10. For the reasons stated in the application, the same is allowed.
11. Application stands disposed of.
I.A. 14509/2026 (u/S 151 CPC)
12. This application is filed on behalf of Plaintiffs under Section 151 CPC seeking permission for filing lengthy list of dates and events and brief synopsis.
13. For the reasons stated in the application, the same is allowed. Lengthy list of dates and events and brief synopsis are taken on record.
14. Application stands disposed of
I.A. 14505/2026 (u/O XI Rule 1(4) r/w Section 151 CPC)
15. This application is filed on behalf of Plaintiffs seeking to place on record additional documents within 30 days.
16. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly in accordance with the provisions of the Commercial Courts Act, 2015.
17. Application is allowed and disposed of.
CS(COMM) 561/2026
18. Let plaint be registered as a suit.
19. Issue summons.
20. Ms. Sneha Jain, learned counsel accepts summons on behalf of Defendant.
21. Written statement shall be filed by Defendant within 30 days from today along with affidavit of admission/denial of the documents filed by Plaintiffs.
22. It will be open to Plaintiffs to file replication within 30 days from receipt of the written statement along with affidavit of admission/denial of documents filed by Defendant.
23. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.
24. List before the learned Joint Registrar on 17.07.2026, who shall carry out admission/denial of documents and marking of exhibits.
I.A. 14504/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)
25. This application is filed on behalf of the Plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for grant of ex parte ad interim injunction.
26. Mr. Sidharth Chopra, learned counsel appearing on behalf of the Defendant on advance copy of the plaint takes a preliminary objection to the maintainability of the suit on the ground that parties have executed a Buyer-Seller Agreement, which incorporates an arbitration clause and in light of the Agreement between th
