Delhi High Court - Orders
Parle Agro Private Limited vs Pepsico India Holdings Private Limited ... on 4 September, 2025
$~33 & 34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
(33)
+ CS(COMM) 944/2023 & I.A. 3878/2024
PARLE AGRO PRIVATE LIMITED .....Plaintiff
Through: Mr. Chander M. Lall, Senior
Advocate along with Mr. Ankur
Sangal, Mr. Ankit Arvind, Mr.
Shashwa Rakshit & Ms. Nidhi
Pathak, Advocates.
versus
PEPSICO INDIA HOLDINGS PRIVATE LIMITED
& ANR. .....Defendants
Through: Mr. Rajiv Nayar, Senior Advocate
(through VC) & Mr. Dayan Krishnan,
Senior Advocate along with Mr.
Dheeraj Nair, Mr. Angad Bani, Ms.
Avni Sharma, Mr. Sukrit Seth, Ms.
Ananya Sharma, Mr. Deepak Gogia
& Mr. Aadhar Nautiyal, Advocates.
AND
(34)
+ CS(COMM) 837/2025
PARLE AGRO PRIVATE LIMITED .....Plaintiff
Through: Mr. Chander M. Lall, Senior
Advocate along with Mr. Ankur
Sangal, Mr. Ankit Arvind, Mr.
Shashwa Rakshit & Ms. Nidhi
Pathak, Advocates.
versus
PEPSICO INDIA HOLDINGS PRIVATE LIMITED
& ANR. .....Defendants
Through: Mr. Rajiv Nayar, Senior Advocate
(through VC) & Mr. Dayan Krishnan,
Senior Advocate along with Mr.
Dheeraj Nair, Mr. Angad Bani, Ms.
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 08/09/2025 at 23:09:45
Avni Sharma, Mr. Sukrit Seth, Ms.
Ananya Sharma, Mr. Deepak Gogia
& Mr. Aadhar Nautiyal, Advocates.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 04.09.2025 I.A. 20025/2025 in CS(COMM) 944/2023
1. This is an Application on behalf of the Defendant under Order XI Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking leave to bring on record the additional documents being (i) Certificate/Declaration under Order XI Rule 6(3) of the Commercial Courts Act, 2015 ("CC Act") read with Section 151 of the CPC and (ii) Certificate/Declaration under Section 63(4) of the Bhartiya Sakshya Adhiniyam, 2023 on behalf of Defendants' Investigator Mr. Dhirendra Rawat.
2. For the reasons stated in the Application, it is allowed. The Defendants are permitted to bring on record the above-mentioned two documents. The learned Senior Counsel for the Plaintiff does not object to this.
3. The Application stands disposed of.
I.A. 19771/2025 (Exemption from pre-institution Mediation) in CS(COMM) 837/2025
4. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.
5. In view of the averments made in the Pleadings, this Application does not survive.
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 08/09/2025 at 23:09:45
6. Accordingly, this Application stands disposed of. I.A. 21972/2025 in CS(COMM)-837/2025
7. This is an Application on behalf of the Defendants under Section 10 of the CPC seeking stay of the present Suit.
8. Issue Notice. The learned Senior Counsel for the Plaintiff accepts Notice.
9. Let the Reply be filed within a period of two weeks. Rejoinder thereto may be filed within a period of one week thereafter.
10. List on 09.10.2025.
I.A. 21973/2025 in CS(COMM)-837/2025
11. This is an Application on behalf of Defendant No. 2 under Section 151 of the CPC seeking exemption from filing Notarised and Apostilled Affidavit in response to Plaintiff's Application, i.e., I.A. 19770/2025 and Defendants' Application under Section 10 of the CPC.
12. Exemption is allowed, subject to all just exceptions.
13. The Application stands disposed of.
I.A. 26144/2023 in CS(COMM) 944/2023 I.A. 19770/2025 in CS(COMM)-837/2025
14. The learned Senior Counsel for the Plaintiff has concluded his submissions.
15. List for hearing of the submissions on behalf of the Defendants along with I.A. Nos. being I.A. 3878/2024 in [CS(COMM) 944/2023] and I.A. 21972/2025 in [CS(COMM)-837/2025] on 09.10.2025.
TEJAS KARIA, J SEPTEMBER 4, 2025/ 'A' 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 08/09/2025 at 23:09:45