Delhi High Court - Orders
Aktiebolaget Skf vs Krishna Kumar Trading Through Bearing ... on 30 October, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1158/2025 & I.A. 26809-26812/2025
AKTIEBOLAGET SKF .....Plaintiff
Through: Mr. Gaurav Gogia and Mr. Arpit
Pundir, Advocates
versus
KRISHNA KUMAR TRADING THROUGH
BEARING AGENCY & ANR. .....Defendant
Through: Mr. Abhijeet Yadav and Mr. Shivnath
Kumar, Advocates
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 30.10.2025 I.A. 26810/2025 (seeking exemption from pre-institution mediation)
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 instituting pre- litigation mediation.
2. 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.
3. Accordingly, the application stands disposed of. I.A. 26811/2025 (seeking to file additional documents)
4. This is an application filed by the plaintiff seeking leave to file CS(COMM) 1158/2025 Page 1 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 03/11/2025 at 22:38:55 additional documents under Order XI Rule 1(4) of the CPC [as amended by the Commercial Courts Act, 2015 read with Section 151 CPC, within thirty (30) days.
5. 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').
6. For the reasons stated in the application, the same is allowed.
7. Accordingly, the application is disposed of. I.A. 26812/2025 (for exemption)
8. This is an application filed under Section 151 of the CPC seeking exemption from filing original & statutory documents as well as clear/ legible copies, documents with proper left-hand margins and translation of documents in the vernacular language.
9. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
10. The typed and/or fair copies of the illegible documents be filed within two (2) weeks.
11. Accordingly, the application stands disposed of. CS(COMM) 1158/2025 & I.A. 26809/2025 (Under Order XXXIX Rule 1 and 2 CPC)
12. Let the plaint be registered as a suit.
13. Issue summons. Mr Abhijeet Yadav, learned counsel on behalf of the 1 (2024) 5 SCC 815 CS(COMM) 1158/2025 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 03/11/2025 at 22:38:55 defendant accepts the summons. He confirms the receipt of the suit paper book and waives the right of formal service of summons. He states he will file his vakalatnama within one (1) week.
14. Issue notice in I.A. 26809/2025. Learned counsel for the defendant accepts notice.
15. Learned counsel for the defendant states that after the raid carried out by the local Police in June 2025, the defendant has discontinued the sale of the infringing products.
15.1 He states that the products were procured from a third party, believing them to be genuine and that the defendant does not manufacture them. He further states that the defendant is merely a seller of the alleged infringing products.
15.2 He states that the defendant does not wish to contest the plaintiff's reliefs for an injunction on this matter, and he is giving an undertaking that it shall not use the plaintiff's marks or products. 15.3 He states that in the plaint, the plaintiff has raised a grievance with respect to the listings on the e-platform of Just Dial and India Mart. 15.4 He states that the defendant has already taken steps and listings on the platform of Just Dial have been taken down, and he will take appropriate steps for take down of the India Mart listings within two (2) weeks. 15.5 He states that the defendant is willing to take all further steps to comply with the injunction prayed for in this matter. 15.6 He submits that the defendant is also willing to settle the matter amicably and requests that an opportunity be granted to amicably resolve the dispute.
16. The statements of the defendant is taken on record, and he is bound CS(COMM) 1158/2025 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 03/11/2025 at 22:38:55 down to the same.
17. The defendant is hereby restrained from using the marks of the plaintiff as set out in paragraph '12 of the plaint.
18. Learned counsel for the plaintiff states that the plaintiff without prejudice to its rights and contentions, is willing to consider an out of Court settlement.
19. The plaintiff and defendant are granted four (4) weeks time to explore an out-of-court settlement.
20. In case the settlement fails, the defendant will file its written statement within four (4) weeks thereafter.
21. Let the replication thereto, if any, be filed by the plaintiff within four (4) weeks thereafter.
22. List before the learned Joint Registrar for completion of service and pleadings, marking of exhibits and admission/denial of documents on 08.01.2026.
23. List before the Court on 30.03.2026.
24. 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 OCTOBER 30, 2025/msh/rhc/AJ CS(COMM) 1158/2025 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 03/11/2025 at 22:38:55