The court addressed procedural requirements for filing additional documents and court fees in a commercial suit for trademark infringement and passing off, while issuing notice for interim injunctive relief.

O R D E R

I.A. 15375/2026 (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 (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. 15376/2026 (Seeking Additional time to file Court fees)

4. The present application has been filed by the plaintiffs under Section 149 read with Section 151 of CPC, seeking exemption from payment of Court Fees at the time of the filing of the suit.

5. Considering the submissions made in the present application, an extension of two weeks is granted to affix the requisite court fees.

6. The application stands disposed of.

I.A. 15374/2026 (Order XXXIX Rules 1 & 2, CPC)

7. 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:

“A. Pass an ex-parte, ad-interim injunction restraining the Defendants, either by themselves or through their dealers, distributors, stockists, agents, associates, employees, servants and/or assigns, from trading, manufacturing, selling, marketing, dealing in or advertising, including through the internet and e-commerce platforms, medicinal and pharmaceutical preparations under the trademarks “Betakon-20”, “Etimust Forte”, “Pregakon”, “Psychodol”, “Aripkon” or any other mark identical with or deceptively similar to the Plaintiffs/Applicants’ registered trademarks “Betapax”, “Etosort”, “Pregacon” and “Psycloze”, and applied mark “Aripicon” in any manner whatsoever amounting to infringement and passing off of the Plaintiffs/Applicants’ trademarks.

B. Order directing the Defendants to take down listing of the Defendant No. 1 from various third-party websites as identified in the Plaint at Paragraph 4 and also at Document – 17 and ensure that in future once the Plaintiff identifies any further URLs on such portals, to take them down immediately and any further URLs on such portals offering the infringing products, the same are taken down forthwith.”

8. Issue notice.

9. Let a reply to this application be filed by the defendants within three weeks from the date of service. Rejoinder, thereto, if any, be filed within one week thereafter.

CS(COMM) 615/2026

10. The plaintiff has filed the present suit seeking following prayers:

“ a. Declare that the Defendants, either by themselves or through their dealers, distributors, stockists, agents, associates, employees or servants, have infringed the registered trademarks of the Plaintiff, namely “Betapax”, “Etosort”, “Pregacon” and “Psycloze” and applied mark “Aripicon”, by manufacturing, supplying and selling pharmaceutical goods under the infringing marks “Aripkon- MD”, “Betakon-20”, “Etimust Forte Tablet”, “Pregakon” and “Psychodol”, and have thereby committed acts of trademark infringement and passing off.

b. Declare that the Defendants, either by themselves or through their dealers, distributors, stockists, agents, associates, employees or servants, have indulged in passing off their pharmaceutical goods bearing the infringing marks “Aripkon-MD”, “Betakon-20”, “Etimust Forte Tablet”, “Pregakon” and “Psychodol” as and for the Plaintiff’s products sold