2026 Supreme(Online)(Del) 23687
IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010504292026
CS(COMM) 1130/2026 & I.A. 28910/2026
UPL LIMITED & ANR. .....Plaintiffs
versus
AGRO ORBIT HUB PVT. LTD. & ANR. .....Defendants
Through: Mr. J. Sai Deepak, Senior Advocate with Mr. Ashish Kothari, Ms. Sakshi Agarwal & Mr. Siddharth Anand, Advocates.
CORAM: HON'BLE MR. JUSTICE TEJAS KARIA
16.10.2026
TEJAS KARIA, J
OCTOBER 16, 2026/
N / gsr
O R D E R
IA No. 28912/2026 (Exemption from pre-institution Mediation)
1. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.
2. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382, exemption from the requirement of pre-institution Mediation is granted.
3. The Application stands disposed of.
IA No. 28913/2026 (Exemption from advance service to the Defendants)
4. This is an Application filed by the Plaintiffs under Section 151 of the CPC, seeking exemption from advance service to the Defendants.
5. Mr. J. Sai Deepak, learned Senior Counsel for the Plaintiffs, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.
6. In view of the fact that the Plaintiffs have sought an urgent ex parte ad-interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendants is granted.
7. The Application stands disposed of.
CS (COMM) 1130/2026
8. Let the Plaint be registered as a Suit.
9. Issue Summons. Let the Summons be served to the Defendant(s)through all permissible modes upon filing of the Process Fee.
10. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.
11. Liberty is granted to the Plaintiffs to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.
12. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
13. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
14. List before the learned Joint Registrar on 17.12.2026 for completion of service and pleadings.
IA No.28911/2026 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
15. The present Application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (“CPC”) as applicable to Commercial Suits under the Commercial Courts Act, 2015 (“CC Act”) seeking leave to place on record additional documents.
16. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side)Rules, 2018.
17. Accordingly, the Application stands disposed of.
IA No.28909/2026 (U/O XXXIX Rule 1 & 2 of CPC)
18. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.
19. The present Suit has been filed for permanent injunction restraining infringement of the Marks, ‘UPL’, ‘UPL SAS’ and the below Trade Marks (“Plaintiffs’ Marks”):
20. The Plaintiffs have also sought relief of permanent injunction against passing off of the Plaintiffs’ marks, delivery up, unfair competition for rendition of accounts / damages along with other ancillary reliefs.
21. Learned Senior Counsel for the Plaintiffs has made the following submissions:
21.1. Plaintiff No. l, UPL Limited was formerly known as United Phosphorus Limited and was incorporated under the Companies Act, 1956. The name of Plaintiff No. 1 was subsequently changed to UPL Ltd. with effect from 11.10.2013.