Delhi High Court - Orders
Piyush Agrawal vs Velbiom Probiotics Pvt. Ltd. & Anr on 16 July, 2025
Author: Amit Bansal
Bench: Amit Bansal
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 599/2025 & I.A. 14583-14586/2025
PIYUSH AGRAWAL .....Plaintiff
Through: Mr. Mayank Kshirsagar, Ms. Anumita
Verma and Ms. Khyati Jain,
Advocates.
versus
VELBIOM PROBIOTICS PVT. LTD. & ANR. .....Defendants
Through: Mr. Rajshekhar Rao, Senior
Advocate, Mr. Achal Shekhar and
Ms. Meherunissa A. Jaitley,
Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 16.07.2025 I.A. 14584/2025 (u/O XXVI Rule 9 of CPC, 1908)
1. Counsel for the plaintiff does not wish to press the present application.
2. Accordingly, the application is dismissed as not pressed. I.A. 14585/2025 (u/O XI Rule 1(4) of CPC, 1908)
3. The present application has been filed on behalf of the plaintiff seeking leave to file additional documents under the Commercial Courts Act, 2015.
4. The plaintiff is permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
CS(COMM) 599/2025 Page 1 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2025 at 22:38:56
5. Accordingly, the application is disposed of. I.A. 14586/2025 (u/S 12-A of the Commercial Courts Act, 2015)
6. As the present suit 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.
7. The application stands disposed of.
CS(COMM) 599/2025
8. Let the plaint be registered as a suit.
9. Issue summons.
10. Mr. Achal Shekhar, Advocate accepts summons in the suit and waives issuance of formal summons.
11. Written statement to the suit shall be filed by the defendants within thirty (30) days from today. Along with the written statement, the defendants shall also file affidavit of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record.
12. Liberty is given to the plaintiff to file replication, if any, within thirty days from the receipt of the written statement. Along with the replication filed by the plaintiff, affidavit of admission/denial of the documents of the defendants be filed by the plaintiff.
13. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
14. If any of the parties wish to seek inspection of any documents, the CS(COMM) 599/2025 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2025 at 22:38:56 same shall be sought and given within the timelines.
15. List before the Joint Registrar on 9th September, 2025.
16. List before the Court on 29th October, 2025. I.A. 14583/2025 (u/O XXXIX Rules 1 and 2 of CPC, 1908)
17. The present application has been filed seeking the relief of interim injunction restraining the defendants from infringement of trademark of the plaintiff, passing off and other ancillary reliefs.
18. Issue Notice.
19. Notice is accepted by counsel appearing on behalf of the defendants.
20. Mr. Rajshekhar Rao, Senior Counsel appearing on behalf of the defendants, submits that without prejudice to the rights and contentions of the defendants, they shall confine their use of their mark 'Happy Cultures' to Prebiotic and Probiotic products/supplements till the next date of hearing. 20.1. The aforesaid submission is taken on record. 20.2. The defendants shall be bound by the same.
21. Reply to the interim injunction application has been filed on behalf of the defendants.
22. Rejoinder, if any, to the reply to the application filed by the defendants, shall be filed within two (2) weeks.
23. In the meanwhile, parties are encouraged to engage among themselves to explore possibility of settlement.
24. List before the Joint Registrar on 9th September, 2025.
25. List before the Court on 29th October, 2025.
AMIT BANSAL, J JULY 16, 2025 Vivek/-
CS(COMM) 599/2025 Page 3 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2025 at 22:38:56