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2026 Supreme(Online)(Del) 13437
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J
ZEN TECHNOLOGIES LIMITED VS. TECKNOTROVE SYSTEMS INDIA PRIVATE LIMITED
CS(COMM) 615/2026 | I.A. 15365/2026 | I.A. 15366/2026 | I.A. 15367/2026 | I.A. 15368/2026 | I.A. 15369/2026
For the Appellants/Petitioners: Anju Agrawal, Shivani Singh, Sruthi Venugopal
For the Respondents: None
Exemption from mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 is granted when the case involves a need for urgent interim relief.
Headnote:The plaintiff filed a commercial suit for trademark infringement and passing off regarding the registered trademark "INMARWAR" used for furniture goods in Class 20, alleging that the defendant's use of the mark "INMEWAR" is deceptively similar. The plaintiff sought various interlocutory reliefs, including leave to file additional documents under Order XI Rule 1(4) of the Code of Civil Procedure, 1908, and exemption from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The primary issue was whether the plaintiff was entitled to exemption from pre-institution mediation and an ex-parte ad-interim injunction. The court reasoned that since the matter contemplated urgent interim relief, the requirement for pre-institution mediation could be waived, citing the principle that urgency overrides the mandatory nature of mediation in commercial suits. Notice was issued to the defendant for the injunction application, and the matter was listed for completion of service and pleadings.
| Table of Content |
|---|
| 1. procedure for seeking leave to file additional documents in commercial suits. (Para 1 , 2 , 3) |
| 2. exemption from pre-institution mediation is permissible in cases of urgent interim relief. (Para 4 , 5 , 6) |
| 3. exemption from advance notice is denied if the court is not inclined to grant ex-parte relief. (Para 7 , 8) |
| 4. exemption from filing certified documents is subject to the filing of clear typed copies. (Para 9 , 10 , 11) |
| 5. procedural requirements for notice, summons, and pleadings in trademark infringement suits. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
O R D E R
% 29.05.2026
I.A. 15366/2026 (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 seeks and is granted three weeks’ time 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. 15367/2026 (Pre-Institution 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. 15368/2026 (Exemption from Advance Notice to Defendant)
7. This is an application filed by the plaintiff under Section 151 of CPC seeking exemption from advance service to the defendant.
8. In view of this Court not being inclined to grant an ex-parte ad-interim injunction order at this stage, the application is dismissed.
I.A. 15369/2026 (Exemption)
9. This is an application filed on behalf of the plaintiff under Section 151 of CPC seeking exemption from filing dim and certified documents along with the captioned suit.
10. 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.
11. The application stands disposed of.
I.A. 15365/2026 (Order XXXIX Rules 1 & 2, CPC)
12. The plaintiff has also filed an application under Order XXXIX Rules 1& 2 read with Section 151 of the Code of Civil Procedure, 1908 seeking an ex-parte ad-interim injunction. The prayers are as follows:
“i) Pass an ex-parte ad-interim injunction restraining the Defendant, its proprietors, partners, principal officers, servants, agents, representatives, distributors, dealers, affiliates, subsidiaries, assigns, and all other persons acting for and on its behalf from manufacturing, marketing, advertising, offering for sale, selling, listing, re-listing, supplying, distributing, or in any manner dealing, directly or indirectly, in furniture and/or any other goods under the impugned mark "INMEWAR" / or any other mark identical with or deceptively similar to the Plaintiffs registered trademark "INMARWAR" / in relation ' to the goods wooden furniture, cabinets, tables, beds, bedside tables, chairs, screen furniture, office furniture, home furniture, timber-related articles, and all other allied, cognate, and related goods falling in Class 20, CS(COMM)-615-2026 7 amounting to infringement of the Plaintiff's registered trademark rights;
ii) Pass an ex-parte ad-interim injunction restraining the Defendant, its proprietors, partners, principal officers, servants, agents, representatives, distributors, dealers, affiliates, subsidiaries, assigns, and all other persons acting for and on its behalf from using the impugned mark "INMEWAR"/ or any deceptively similar variation t
