Delhi High Court - Orders
Cinefil Producers Performance Ltd vs Lemon Tree Hotels Limited & Ors on 28 October, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1130/2025, I.A. 26132/2025, I.A. 26133/2025, I.A.
26134/2025, I.A. 26135/2025 & I.A. 26136/2025
CINEFIL PRODUCERS PERFORMANCE LTD .....Plaintiff
Through: Ms. Swathi Sukumar, Sr. Adv. with
Mr. Shekhar Mennon, Mr. Vishnu
Thulasi Menon, Mr. Ritik
Raghuwanshi, Ms. Mahi Sharma, Mr.
Yimyanger, Ms. Rishika Aggarwal
and Ms. Shrudula Murthy, Advs.
versus
LEMON TREE HOTELS LIMITED & ORS. .....Defendants
Through: Mr. R. K. Aggarwal and Mr. Vinay
Kumar Padam, Advs.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 28.10.2025 I.A. 26133/2025(Application seeking exemption from invoking pre- institution mediation under Section XII-A of the Commercial Courts Act, 2015)
1. This is an application under section 12A of the Commercial courts act, 2015 read with section 151 of the Code of Civil Procedure, 1908 ['CPC'], filed by the Plaintiff seeking exemption from invoking pre- institution mediation proceedings.
2. Learned counsel for the Defendant states that Defendants were unable to explore amicable resolution with the Plaintiff after the last hearing as their authorized representative was unavailable.
CS(COMM) 1130/2025 Page 1 of 5This 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 29/10/2025 at 22:41:44
3. Learned senior counsel for the Plaintiff states that in view of the urgent reliefs prayed for, the exemption from pre-institution mediation litigation be granted.
4. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiff.
5. Accordingly, the application stands disposed of. I.A. 26134/2025 (seeking leave to file additional documents)
6. This is an application under Order XI Rule 1(4) of the CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ('Commercial Courts Act')] read with Section 151 CPC, seeking leave to file additional documents.
7. The Plaintiff, if it wishes to file additional documents will file the same within two (2) weeks from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ('DHC Rules').
8. For the reasons stated in the application, the same is allowed.
9. Accordingly, the application is disposed of. I.A. 26135/2025 (exemption from filing dim, illegible copies)
10. This is an application under Section 151 of CPC, filed by the Plaintiff seeking exemption from filing typed/legible copies of the dim/ illegible documents, handwritten and documents with insufficient margins at this stage within two (2) weeks.
11. Original documents shall be produced/filed at the time of CS(COMM) 1130/2025 Page 2 of 5 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 29/10/2025 at 22:41:44 Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
12. The typed and/or fair copies of the illegible documents be filed within two (2) weeks.
13. Accordingly, the application stands disposed of. I.A. 26136/2025 (seeking permission to file CD and pen drive in the present suit)
14. This is an application under Section 151 of the CPC, filed by the Plaintiff to take the compact disk (CD) on record containing video recording on machine of the plaintiff showing the patented process.
15. The Plaintiff is directed to file the CD/pen-drive in accordance with the Rule 24 of chapter XI of the Delhi High Court (Original Side) Rules, 2018.
16. Registry may receive electronic record on CD so long as it is encrypted with a hash value or in any other non-editable format. The video recording contained in CD be placed in the electronic record of the present suit in a format which is non-editable, so that the same can be viewed by the court during hearing.
17. With the aforesaid directions, this application stands disposed of. CS(COMM) 1130/2025 & I.A. 26132/2025(under Order XXXIX Rule 1 and 2 CPC)
18. The present suit has been filed for permanent injunction restraining infringement of Plaintiff's copyright and damages against the Defendants.
19. Let the plaint be registered as a suit.
1(2024) 5 SCC 815.
CS(COMM) 1130/2025 Page 3 of 5This 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 29/10/2025 at 22:41:44
20. Issue summons.
21. Mr. R.K. Aggarwal, Advocate enters appearance on behalf of the Defendant Nos. 1 to 3.
22. He states that he will file his vakalatnama within one (1) week.
23. He states that he has instructions to accept summons. He states that Defendants waive formal service of summons. He confirms that Defendants have received an e-copy of the paper-book through e-mail.
24. He seeks and is granted three (3) days' time to file their written statements. The Defendants shall also file affidavits of admission/denial of the documents filed by the Plaintiff, failing which the written statement(s) shall not be taken on record.
25. The Plaintiff is directed to file replication thereto within three (3) days thereafter filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by the Defendants, failing which the replication shall not be taken on record.
26. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
27. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
28. Learned senior counsel for the Plaintiff has addressed arguments in I.A. 26132/2025.
29. Learned counsel for the Defendant has also addressed arguments. He seeks three (3) days' time to file his reply to the injunction application. He states that application may be decided after perusing this pleading.
30. Rejoinder, if any be filed within three (3) days thereafter.
CS(COMM) 1130/2025 Page 4 of 5This 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 29/10/2025 at 22:41:44
31. It is clarified that I.A. 26132/2025 shall be taken up for hearing after the pleadings have been completed by the parties.
32. Parties are directed to file written note of arguments in I.A. 26132/2025 not exceeding two (2) pages three (3) days before the next date of hearing.
33. List before Court for I.A. 26132/2025 on 13.11.2025.
MANMEET PRITAM SINGH ARORA, J OCTOBER 28, 2025/hp/IB CS(COMM) 1130/2025 Page 5 of 5 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 29/10/2025 at 22:41:44