Back
2026 Supreme(Online)(Del) 13444
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J
M/S SPEECHGEARS INDIA PVT LTD VS. MJ TALK TOOLS & ORS.
CS(COMM) 639/2026
For the Appellants/Petitioners: Tanya Varma, Vardaan Anand, Ruchika Yadav, Hansika Bajaj
For the Respondents: Hemant Daswani, Pranjal Dhankar, Ritka Agrawal, Saumya Bajpai
Exemption from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, is permissible 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 leave to file additional documents, exemption from pre-institution mediation under Section 12A of the CC Act, and an ex-parte ad-interim injunction. The court permitted the filing of additional documents and granted the exemption from mediation, noting that the matter contemplated urgent interim relief. The primary issue was whether an ex-parte ad-interim injunction should be granted. The court observed that the defendant claimed prior use of the trademark "CEFACTAM" since 2011, supported by sales invoices and a Chartered Accountant's certificate. Consequently, the court reasoned that it was appropriate to afford the defendant an opportunity to file a formal reply and documents before deciding on the injunction application. List before the Court on 18.09.2026.
| Table of Content |
|---|
| 1. procedure for filing additional documents in commercial suits. (Para 1 , 2 , 3) |
| 2. exemption from pre-institution mediation for urgent relief. (Para 4 , 5 , 6) |
| 3. court's power to grant extensions and protect confidential sales data. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. balancing prima facie evidence of prior use against ex-parte injunctions. (Para 13 , 14 , 15 , 16 , 17) |
| 5. timelines for pleadings and document discovery in commercial suits. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
$~18
*
O R D E R
I.A. 15663/2026 (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 within thirty (30) days.
3. Accordingly, the application stands disposed of.
I.A. 15662/2026 (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. 15664/2026 (Seeking extension to file clear copies & redacted documents)
7. This is an application filed on behalf of the plaintiff under Section 151 of CPC seeking extension of two weeks for filing clear/true/typed copies of documents and to take on record dim copies of the originals & the redacted invoices relating to the sales of products under the trademark.
8. For the reasons stated therein, the application is allowed. Plaintiff is permitted to file clear/true/typed copies of the documents with proper margins along with the redacted invoices within two weeks with an advance copy to the defendants.
9. The application stands disposed of.
I.A. 15665/2026 (Leave to file documents pertaining to the sales figures in a sealed cover)
10. This is an application filed on behalf of the plaintiff under Section 151 of CPC seeking leave to file documents pertaining to the sales figures in a sealed cover.
11. For the reason stated therein the application is allowed. The Registry is directed to take the same on record.
12. The application stands disposed of.
I.A. 15661/2026 (Order XXXIX Rules 1 & 2, CPC)
13. 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 defendant.
14. Mr. Hemant Daswani, learned counsel enters appearance on advance service and accepts notice on behalf of the defendant no.1.
15. Learned counsel for the defendant no.1 submits that insofar as the product which is the subject matter of the suit i.e. “CEFACTAM” is concerned, he claims that the defendant no.1 has been manufacturing the said product atleast from the year 2011 and has been continuously using, manufacturing and offering for sale the said product till date. Learned counsel for the defendant no.1 has shown documents in the form of invoices of sales of the predecessor-in-interest for the year 2011, and subsequent years too uptil the year 2026. Learned counsel has also invited attention to the certificate issued by the Chartered Accountant of the sales turnover in respect of the products “CEFACTAM” both by the predecessor-in-interest as also the present defendant no.1, which appear to be substantial.
16. Having regard to the aforesaid, it appears appropriate to afford an opportunity to the defendant to place on record its reply to the application as also to file all the documents shown today to
