Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)/870/2024
CNR NO. : DLND010085492024
HARSH THUKRAL TRADING AS M/S THUKRAL SONS
Vs.
KRISHAN LAL THUKRAL TRADING AS M/S KAMAL
STORE
24-10-2024
Fresh IPR suit is received on random allocation. It be checked and
registered.
Present : Sh. Dharmendra K. Yadav, Advocate for plaintiff.
Heard. File perused.
The suit is filed without availing remedy of pre-
institution mediation under S. 12 A of Commercial Courts Act,
2019, which is mandatory in nature. However, the suit is
accompanied with various applications including an application
for exemption from availing remedy of pre-institution mediation
under S. 12A of Commercial Courts Act, 2015.
Heard on the said application. Record perused.
In view of submissions made on behalf of plaintiff,
the reasons assigned in the application and the fact that urgent
relief is contemplated in the suit and keeping in view the law laid
down in judgments of Hon’ble Apex Court in case titled as “
Patil
Automation Private Limited & Ors. v. Rakheja Engineers Private
Limited” reported as 2022 SCC OnLine SC 1025 and “
Yamini
Manohar v. T.K.D. Keerthi” reported as 2023 SCC OnLine SC
1382, the application is allowed subject to just exceptions.
Ld. Counsel of plaintiff has pointed out from the
record that he has already filed an application seeking leave for
filing additional documents on record.
Heard on the said application. Perused.
-- 1 of 2 --
Having considered the submissions made on behalf
of the plaintiff and in view of reasons assigned in the application
and overall facts and circumstances of the case, the application for
filing additional document(s) is allowed and disposed off.
Accordingly, the plaintiffs are permitted to file additional
document(s) within 30 days from today.
At this stage, Ld. Counsel of plaintiff presses upon
two applications – one under Order XXXIX Rule 1 & 2 read with
S. 151 CPC; and another under Order XXVI Rule 9 read with S.
151 CPC, seeking
ex parte ad interim injunction and
ex parte order
for appointment of local commissioner to visit and search
premises of the defendants respectively, as filed alongwith the
plaint
Arguments heard on the aforesaid applications.
Put up on 25-10-2024 for order of the aforesaid
applications.
(VIDYA PRAKASH)
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
24-10-2024(r)
-- 2 of 2 --