Delhi High Court - Orders
Alkem Laboratories Limited vs Brisc Healthcare Pvt. Ltd & Anr on 24 March, 2026
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 295/2026
ALKEM LABORATORIES LIMITED .....Plaintiff
Through: Ms. Tusha Malhotra and Ms. Chahat
Bhatia, Advocate.
versus
BRISC HEALTHCARE PVT. LTD & ANR. .....Defendants
Through: Mr. Amit Gupta, Mr. Kshitij Vaibhav,
Ms. Muskan Nagpal and Mr. H.S.
Mahapatra, Advocates.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 24.03.2026 I.A. 7664/2026 (Additional Documents)
1. The present application has been filed on behalf of the plaintiff 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.
2. The plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
3. Accordingly, the application stands disposed of. I.A. 7665/2026 (Pre-Institution Mediation)
4. This is an application filed by the plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.
5. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar vs. T.K.D. Keerthi:
(2024) 5 SCC 815, exemption from the requirement of pre-institution Mediation is granted.CS(COMM) 295/2026 Page 1 of 4
This is a digitally signed order.
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6. The application stands disposed of.
I.A. 7666/2026 (Exemption)
7. This is an application filed on behalf of the plaintiffs under Section 151 of CPC seeking exemption from filing certified/legible documents along with the captioned suit.
8. Exemption allowed, subject to just exceptions. However, true typed/translated/clear copies of the documents with proper margins be filed within four weeks with an advance copy to the defendant.
9. The application stands disposed of.
I.A. 7663/2026 (Order XXXIX Rules 1 & 2, CPC)
10. Present application has been filed on behalf of the plaintiff under Order XXXIX Rules 1 & 2 of CPC, 1908 seeking ex-parte ad-interim injunction against the defendant.
11. Issue notice.
12. Mr. Amit Gupta, appears on advance service and accepts notice.
13. He submits, under instructions of defendant no.1, that the product impugned herein was manufactured only once in the month of June, 2025 and thereafter, there has been no manufacture of this particular impugned product.
14. He invites attention of this Court to page no.529 of documents of the plaintiff to demonstrate that defendant no.1 had also matched the batch number available with him with the one reflected in the picture at page 529 and submits that this batch number correlates to the product which was manufactured in the month of June, 2025. He submits that an appropriate affidavit in support of the aforesaid submissions shall also be filed within one week.
15. He further submits that defendant no.2, who was the manufacturer, ostensibly would not be manufacturing the impugned product since it was to be produced and manufactured only on behalf of defendant no.1, who is stated to have got this impugned product manufactured only once, that too in the month CS(COMM) 295/2026 Page 2 of 4 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 30/03/2026 at 20:43:32 of June, 2025 and not thereafter.
16. Mr. Gupta, learned counsel for defendant no.1 also submits that the listings have already been taken down from the website of defendant no.1. He further submits, on instructions, that defendant no.1 does not intend to get any manufacturing of the infringing product as of now.
17. An appropriate affidavit noting the aforesaid submissions shall be filed by Mr. Gupta, learned counsel for the defendant no.1 on or before 04.04.2026.
18. Mr. Gupta, learned counsel for the defendant no.1 also hands over a purchase invoice dated 16.07.2025, indicating quantities of 4900 strips which were manufactured only once. The said invoice may also be filed alongwith the affidavit with an advance copy to the learned counsel for the plaintiff. CS(COMM) 295/2026
19. Let the plaint be registered as a suit.
20. Upon filing of the process fee, issue summons of the suit to the defendants through all permissible modes.
21. Mr. Gupta, learned counsel for defendant no.1 accepts summons and waives issuance of formal summons to the defendants.
22. The summons shall state that the Written Statement shall be filed by the defendant as per Rules. Alongwith the Written Statement, the defendant shall also file Affidavit of Admission/Denial of the documents of the plaintiff, without which the Written Statement shall not be taken on record.
23. Liberty is granted to the plaintiff to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the plaintiff, an Affidavit of Admission/Denial of the documents of defendant be filed by the plaintiff, without which the Replication shall not be taken on record.
24. 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 CS(COMM) 295/2026 Page 3 of 4 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 30/03/2026 at 20:43:32 reliance, which shall also be filed with the pleadings.
25. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
26. List before the Joint Registrar (Judicial) on 06.07.2026 for completion of service and pleadings.
27. List before the Court on 20.04.2026.
TUSHAR RAO GEDELA, J MARCH 24, 2026 Sumit CS(COMM) 295/2026 Page 4 of 4 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 30/03/2026 at 20:43:32