Devans Modern Breweries Limited Secures Ex-Parte Ad-Interim Injunction Against Cartel Bros in Commercial Dispute
In a significant development, the Delhi High Court, presided by Justice Tushar Rao Gedela, has granted an exemption from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, in a case involving Devans Modern Breweries Limited and Cartel Bros Private Limited. The decision comes in light of the Supreme Court's precedent in Yamini Manohar v. T.K.D. Keerthi (2024) 5 SCC 815, which allows for such an exemption when urgent interim relief is sought.
The plaintiff, Devans Modern Breweries Limited, filed a commercial suit seeking an ex-parte ad-interim injunction against the defendants, Cartel Bros Private Limited, regarding the disputed product "The Glenwalk Godfather Whiskey." The court restrained the defendants from offering the product for sale or releasing new social media posts related to the product until the next hearing. However, it clarified that the defendants would not be held responsible for any information already in the public domain not disseminated by them or their distributors.
Additionally, the court permitted the plaintiff to file additional documents in accordance with the Commercial Courts Act, 2015, and the Delhi High Court (Original Side) Rules, 2018. The court also addressed other procedural applications, allowing exemptions related to document filings and notice requirements.
This order underscores the importance of urgent judicial intervention in commercial disputes where immediate relief is necessary. The next hearing is scheduled for April 10, 2026, with interim arrangements in place until then.
Bottom Line:
Exemption from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, can be granted where urgent interim relief is sought, in light of the precedent set by the Supreme Court judgment in Yamini Manohar v. T.K.D. Keerthi (2024) 5 SCC 815.
Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Civil Procedure Code, 1908 Order XI Rule 1(4), Civil Procedure Code, 1908 Order XXXIX Rules 1 & 2
