Back
2026 Supreme(Online)(Del) 17272
IN THE HIGH COURT OF DELHI AT NEW DELHI
Anup Jairam Bhambhani, J
Mothers Pride Education Personna Pvt Ltd – Appellant
Versus
Mothers Pride Punjabi Bagh – Respondent
CS(COMM) 818/2026
For the Appellants/Petitioners: Uttam Dutt, Dinesh J., Sonakshi Singh, Shivalika Midha, Rajat Sharma, Bhargav Baisoya, Kumar Bhaskar, Naman Kumar
For the Respondents:
The court may exempt parties from mandatory pre-litigation mediation in commercial suits and, in trademark disputes involving schools, may prioritize student welfare over peremptory injunctions by directing the payment of dues to the Resolution Professional.
Headnote:(A) Commercial Courts Act - Pre-litigation Mediation - Exemption - The court may grant exemption from the mandatory requirement of attempting pre-litigation mediation under Section 12A based on the facts and circumstances of the case. (Para 26)
(B) Trade Mark - Interim Injunction - Balance of Convenience - In disputes involving educational institutions, the court may decline a peremptory injunction to avoid adverse impacts on students, instead directing the remittance of franchise fees to the Resolution Professional and the maintenance of accounts. (Para 43, 44, 45)
Issues: Whether the plaintiff is entitled to an ex-parte ad-interim injunction and whether various procedural exemptions and condonations should be granted.
O R D E R
I.A. 20397/2026 (exemption)
Exemption granted, subject to just exceptions.
Let requisite compliances be made within 01 week.
The application stands disposed-of.
I.A. 20403/2026 (condonation of 03 days’ delay in re-filing)
By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’), the plaintiff seeks condonation of 03 days’ delay in re-filing the present suit.
2. For the reasons stated in the application, which is duly supported by an affidavit, the application is allowed.
3. Delay in re-filing the present suit is condoned.
4. The application stands disposed-of.
I.A. 20400/2026
5. By way of the present application filed under section 151 of the CPC, the plaintiff seeks 04 weeks’ time to file the required certificate under section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023.
6. For the reasons stated in the application, which is duly supported by an affidavit, the application is allowed.
7. The plaintiff is permitted to file the required certificate with 04 weeks.
8. The application is disposed-of.
I.A. 20401/2026
9. By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’) read with Delhi High Court (Original Side) Rules 2018, the plaintiff seeks permission to file synopsis and list of dates exceeding 05 pages.
10. For the reasons stated in the application, which is duly supported by an affidavit, the application is allowed.
11. Lengthy synopsis and list of dates are taken on record.
12. The application is disposed-of.
I.A. 20402/2026 (exemption from advance service on the defendants)
13. By way of the present application filed under section 151 of the CPC, the plaintiff seeks exemption from serving advance copy of the suit paperbook upon the defendants.
14. Having regard to the facts and circumstances of the case, the plaintiff is exempted from effecting service of advance copy of the suit paperbook upon the defendants.
15. Application stands disposed-of.
I.A. 20396/2026 (seeking leave to file additional documents)
16. By way of the present application filed under Order XI Rule 1(4) (as amended by the Commercial Courts Act, 2015) read with section 151 of the CPC, the plaintiff seeks leave to file additional documents.
17. For the reasons stated in the applications, which is duly supported by an affidavit, the application is allowed.
18. Let the additional documents be filed within 30 days.
19. The relevance and admissibility of the documents so filed will be considered subsequently.
20. The application stands disposed-of.
I.A. 20398/2026 (extension of time for filing the entire court fees)
21. By way of the present application filed under section 149 read with section 151 of the CPC, the plaintiff seeks extension of time for filing the court fees.
22. For the reasons stated in the applications, which is duly supported by an affidavit, the application is allowed.
23. The plaintiff is granted liberty to file the entire court fees within 04 weeks.
24. The application is disposed-of.
I.A. 20399/2026 (exemption from pre-litigation mediation)
25. By way of the present application filed under section 12A of Commercial Courts Act, 2015 read with section 151 of the CPC, the plaintiff seeks exemption from attempting pre-litigation mediation.
26. Having regard to the facts and circumstances of the present case, and in light of the judgment of the Supreme Court in Yamini Manohar vs. T.K.D. Keerthi1(2024)5SCC815 and of a Division Bench of this court in Chandra Kishore Chaurasia vs. R A Perfumery Works (P) Ltd.22022SCCOnLineDel3529, the plaintiff is exempted from attempting pre-litigation mediation.
27. The application stands disposed-of.
I.A. 20395/2026
28. List before the learned Joint Registrar on 13th October 2026.
29.
