The court granted procedural exemptions from pre-litigation mediation and allowed the filing of additional documents, while permitting a trademark suit to proceed by limiting the claim to specific marks to bypass the bar under Section 124 of the Trademarks Act.

O R D E R

I.A. 20892/2026 (exemption)

I.A. 20893/2026 (exemption from filing certified copy of document No.11)

Exemptions granted, subject to just exceptions.

Let requisite compliances be made within 01 week.

The applications stand disposed of.

I.A. 20890/2026 (exemption from pre-institution mediation)

By way of the present application filed under section 12A of Commercial Courts Act, 2015 read with section 151 of the Code of Civil Procedure 1908 (‘CPC’), the plaintiff seeks exemption from attempting pre-litigation mediation.

2. 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. Keerthi, (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.

3. The application stands disposed-of.

I.A. 20891/2026 (seeking leave to file additional documents)

4. By way of the present application filed under Order XI Rule 1(4) read with section 151 of the CPC, the applicant/plaintiff seeks leave to file additional documents.

5. For the reasons stated in the application, which are duly supported by affidavit, the application is allowed.

6. Let the additional documents be filed within 04 weeks.

7. The application stands disposed-of.

8. Let the plaint be registered as a suit.

9. Issue summons in the suit.

10. Upon the plaintiff taking requisite steps within 10 days, let summons be sent to the defendants by all permissible modes, returnable for the next date.

11. Let the summons indicate that the defendants are required to file written statement to the plaint within 30 days from the date of receipt of summons, alongwith affidavit of admission/denial of the documents filed by the plaintiff. The plaintiff may file replication to the written statement within 30 days thereafter, alongwith affidavit of admission/denial of the documents filed by defendants.

12. List before court on 10th September 2026.

I.A. 20889/2026 (interim injunction)

13. Learned counsel appearing for the plaintiff submits, that the plaintiff is confining the claim in the present suit to the marks being used by the defendant, as set-out in para 48 of the plaint.

14. Counsel fairly submits, that the defendants have registration in respect of the trade mark, as set-out in para 55, in respect of which, a cancellation/rectification petition has been filed; and accordingly, the plaintiff is not making any claim in relation to the mark in para 55 of the present proceedings.

15. In the circumstances, counsel submits, that the suit may proceed despite mandate of section 124 of the Trademarks Act, 1999 .

16. Issue notice.

17. Upon the plaintiff taking steps, let notice be sent to the defendants by all permissible modes, returnable for the next date.

18. Let notice indicate that replies to the application be filed within 03 weeks; rejoinder(s) thereto, if any, be filed before the next date.

19. Re-notify before court on 10th September 2026.