Delhi High Court - Orders
M/S. Orient Electric Limited vs Orient Cables (India) Limited & Anr on 8 December, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1200/2025 & I.As. 27839-42/2025, 29957/2025,
29983/2025, 30539/2025
M/S. ORIENT ELECTRIC LIMITED .....Plaintiff
Through: Mr. Abhishek Malhotra, Sr. Advocate
with Mr. Govind Singh Grewal, Mr.
Angad Singh Dugal, Mr. Shubham
Niwas, Mr. Kartikay Dutta, Ms.
Anukriti Trivedi and Mr. Pranav
Chadha, Advocates
versus
ORIENT CABLES (INDIA) LIMITED & ANR. .....Defendants
Through: Mr. C.M. Lall, Sr. Advocate with Mr.
Kapil Wadhwa, Mr. Raghav Wadhwa,
Mr. Amitej Chadha and Ms. Anannya
Mehan, Advocates
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 08.12.2025 I.A. 30539/2025 (Under Order VI Rule 17 CPC)
1. This is an application filed by the plaintiff under Order VI Rule 17 read with Section 51 of the Code of Civil Procedure, 1908 ('CPC') seeking to carry out amendments at paragraph '44' and paragraph '53(i)' of the original plaint.
2. Learned senior counsel for the defendant states that the amendment filed is not bona fide as the plaintiff's incorrect statement in the plaint had already been highlighted by the defendant.
3. He states that the defendant has filed its reply and is opposing this CS(COMM) 1200/2025 Page 1 of 6 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 12/12/2025 at 20:57:47 application.
3.1. He states that the plaintiff had in the original plaint asserted that the plaintiff started using the mark in question "ORIENT" under Class 9 in 1945, which is factually incorrect.
3.2. He states that the changes made in the suit demonstrate that the plaintiff had approached the Court with an incorrect stand. 3.3. He states that the correction being carried out by the plaintiff to the plaint substantiates the defence of the defendant that the defendant is a prior user of the mark "ORIENT" for wires and cables in Class 9.
4. He states that the plaint ought to be dismissed due to the incorrect submissions recorded in the original plaint.
5. He further submits that without prejudice to the aforesaid rights and contentions, in case the application is allowed and the amended plaint is taken on record, liberty be reserved to the defendant to raise these pleas in its written statement.
6. This Court has considered the submissions of the parties.
7. No summons has been issued in the suit.
8. The application has been filed by the plaintiff at an initial stage itself in view of the order dated 21.11.2025, even prior to the issuance of summons.
9. The amendments proposed to the plaint correspond to the stand taken by this plaintiff in the written statement filed by it in CS(COMM) 1140/2025 and on merits, this amended plaint in fact would substantiate the defence of the defendant herein. The amendments also make the pleading in the plaint harmonious with the written statement filed in CS(COMM) 1140/2025.
CS(COMM) 1200/2025 Page 2 of 6This 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 12/12/2025 at 20:57:47
10. In the considered opinion of this Court, the amendments carried out do not prejudice the defendant. The amendments support the stand of the defendant. The amendments are thus necessary for the purpose of determining the real question in controversy.
11. Since the matter is at an initial stage, this Court deems it appropriate to allow the application.
12. The amended plaint is taken on record.
13. The defendant is at liberty to raise all its objections in the written statement.
I.A. 29957/2025 (Under Order XI Rule 1(4) CPC)
14. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of 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, within thirty (30) days.
15. The Plaintiff, if it wishes to file additional documents, will file the same within thirty (30) days 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').
16. For the reasons stated in the application, the same is allowed.
17. Accordingly, the application is disposed of. I.A. 27842/2025 (seeking leave to file documents in CDs/Pen Drives)
18. This is an application under Section 151 of the CPC, filed by the plaintiff seeking leave to file documents in compact disc(s)/pen drive(s).
19. The plaintiff is directed to file the CD/pen-drive in accordance with Rule 24 of the Delhi High Court (Original Side) Rules, 2018.
CS(COMM) 1200/2025 Page 3 of 6This 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 12/12/2025 at 20:57:47
20. Registry may receive an electronic record on a CD so long as it is encrypted with a hash value or in any other non-editable format. The video recording contained in the CD should be placed in the electronic record of the present suit in a format that is non-editable, so that the same can be viewed by the court during hearing.
21. With the aforesaid directions, this application stands disposed of. I.A. 27840/2025 (seeking exemption from pre-institution mediation)
22. This is an application filed under Section 12A of the Commercial Courts Act, 2015, read with Section 151 CPC, seeking exemption from instituting pre-litigation mediation.
23. 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.
24. Accordingly, the application stands disposed of. I.A. 27839/2025 (Under Order XXXIX Rule 1 and 2 CPC)
25. This is an application filed on behalf of the plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 of CPC seeking ex-parte and/or ad-interim reliefs/interim injunction against the defendant nos. 1 and 2.
26. This application is dismissed as withdrawn in view of I.A. 29983/2025.
CS(COMM) 1200/2025
27. Let the plaint be registered as a suit.
28. Issue summons. Mr. Kapil Wadhwa, learned counsel on behalf of the 1 (2024) 5 SCC 815 CS(COMM) 1200/2025 Page 4 of 6 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 12/12/2025 at 20:57:47 defendants and accepts the summons. He confirms the receipt of the suit paper-book and waives the right of formal service of summons.
29. The defendants will file the written statement(s) within thirty (30) days. The defendants shall also file affidavit(s) of admission/denial of the documents filed by the plaintiff, failing which the written statement(s) shall not be taken on record.
30. The plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement(s). The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by defendants, failing which the replication shall not be taken on record.
31. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
32. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
33. List the matter before the Joint Registrar (J) for completion of pleadings on 14.01.2026.
I.A. 29983/2025 (Under Order XXXIX Rule 1 and 2 CPC)
34. This is an application filed on behalf of the plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 of CPC, seeking an ad-interim reliefs/interim injunction against the defendant nos. 1 and 2.
35. Issue notice. Mr Kapil Wadhwa, learned counsel on behalf of the defendants, accepts notice.
36. Let the reply, if any, be filed within a period of one (1) week.
37. Rejoinder thereto, if any, be filed before the next date of hearing.
38. List the matter before the Court on 16.12.2025.
CS(COMM) 1200/2025 Page 5 of 6This 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 12/12/2025 at 20:57:47
39. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J DECEMBER 8, 2025/rhc CS(COMM) 1200/2025 Page 6 of 6 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 12/12/2025 at 20:57:47