Delhi High Court – Orders
Lawrence School Sanawar Society vs Mr Subodh Sinha & Ors on 16 March, 2026
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 245/2026
LAWRENCE SCHOOL SANAWAR SOCIETY .....Plaintiff
Through: Mr. Sudarshan Kumar Bansal, Mr.
Amit Chanchal Jha and Ms. Nishtha
Kapoor, Advocates.
versus
MR SUBODH SINHA & ORS. .....Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 16.03.2026
I.A. 6533/2026 (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 within thirty
days, 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. 6534/2026 (Exemption)
4. This is an application filed on behalf of the plaintiff under Section 151
of CPC seeking exemption from filing clear and true typed copies of the
documents.
5. Exemption is allowed, subject to just exceptions. The clear and
typed/translated copies of the documents with proper margins of the dim
annexures be filed within four weeks with an advance copy to the defendants.
6. The application stands disposed of.
CS(COMM) 245/2026 Page 1 of 19
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I.A. 6535/2026 (Pre-Institution Mediation)
7. This is an application filed by the plaintiff seeking exemption from
instituting pre-litigation Mediation under Section 12A of the CC Act.
8. 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.
9. The application stands disposed of.
I.A. 6536/2026 (Exemption from Advance Notice to Defendants)
10. This is an application filed by the plaintiff under Section 151 of CPC
seeking exemption from advance service to the defendants.
11. Mr. Sudarshan Kumar Bansal, learned counsel for the plaintiff seeks
exemption from advance service to the defendants as the same may prejudice
interest of the plaintiff.
12. In view of the fact that the plaintiff has sought an urgent ex-parte ad-
interim injunction the exemption from advance service to the defendants is
granted.
13. The application is disposed of.
I.A. 6532/2026 (Order XXXIX Rules 1& 2, CPC)
14. 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 defendants.
15. It is the case of the plaintiff, that in the year 1847, the plaintiff school
was founded by Sir Henry Lawrence. The plaintiff school in 1847 was known
as the Lawrence Asylum, Sanawar which was re-designated in 1920 as
Lawrence Royal Military School, Sanawar and in year 1949, under its present
name of the Lawrence School, Sanawar. The plaintiff submits that as per the
available records, sometime in about the year 1914 (circa), the plaintiff school
CS(COMM) 245/2026 Page 2 of 19
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adopted and started using its highly artistic and distinctive insignia alongwith
its motto “Never Give In” which is reproduced hereunder:-
Plaintiff states that the above motto embodies the spirit of Sir
Henry Lawrence to pursue a task to its fullest, giving one’s best at all time.
This motto finds prominence in the school song/anthem starting with the
words “Never Give In is our motto”. The word/mark “SANAWAR” finds a
proud mention in the plaintiff’s school song. In relation to its said services,
the plaintiff has been using the mark “THE LAWRENCE SCHOOL,
SANAWAR” to represent the school itself and it has been so used and
referred to as a brand standalone.
16. Plaintiff claims that In June 1952, the Government of India through the
Ministry of Education resolved to administer the plaintiff school through a
society to be formed under the Societies Registration Act, 1860 and pursuant
to the said resolution, the plaintiff society was formed and registered under
the Societies Registration Act, 1860 with the object to take over from the
Government of India and to carry on the management of the plaintiff school.
17. The plaintiff further states that in the year 1997 on the 150 th
Anniversary of the plaintiff school and in recognition of the services and
standing of the plaintiff school, the Government of India introduced a Postal
Stamp of Rs.3, specimen of which is reproduced hereunder:-
CS(COMM) 245/2026 Page 3 of 19
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18. The plaintiff claims that the “LAWRENCE SCHOOL, SANAWAR”, is
affiliated to and/or is associated with several foreign
schools/universities/educational institutions from all over the world with
whom it conducts student exchange programs and conferences such as Round
Square Student Exchange Program, United World College of South East Asia,
Standford Lake College, South Africa and several others.
19. The plaintiff states that is has obtained several trademark registrations
including the word/mark the Old Sanawarian Society and the insignia bearing
the same which are valid and subsisting under the Trade Marks Act, 1999,
which are extracted hereunder:-
S Registration Date Trademark Class Status Disclai
No. No. mer
1 3138910 24.12.2015 SANAWAR 41 Registered NO
Upto
24.12.2035
2 3138912 24.12.2015 THE 41 Registered NO
LAWRENCE upto
SCHOOL 24.12.2035
SANAWAR
3 3138914 24.12.2015 41 Registered NO
upto
24.12.2035
4 2743315 26.05.2014 41 Registered NO
upto
26.05.2034
5 4961940 01.05.2021 41 Registered –
upto
01.05.2031CS(COMM) 245/2026 Page 4 of 19
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6 3138909 24.12.2015 SANAWAR 16 Registered NO
upto
24.12.2035
7 3138911 24.12.2015 THE 16 Registered NO
LAWRENCE upto
SCHOOL 24.12.2035
SANAWAR
8 3138913 24.12.2015 16 Registered NO
upto
24.12.2035
9 4961939 01.05.2021 16 Registered –
upto
01.05.2031
10 3138905 24.12.2015 THE 16 Registered NO
LAWRENCE upto
SCHOOL 24.12.2035
12 3138906 24.12.2015 THE 41 Registered NO
LAWRENCE upto
SCHOOL 24.12.2035
S.No. Regn.no. Date Trademark Class User Claim Status
1 5411550 16.04.2022 16 01.04.1914 Registered
upto
16.04.2032
2 5411551 16.04.2022 41 01.04.1914 Registered
upto
16.04.2032
Plaintiff submits that the stylized and formative art works involved in
CS(COMM) 245/2026 Page 5 of 19
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the aforesaid trademarks/logo are the original creation and artistic work, in
which the plaintiff holds Copyright therein.
20. Plaintiff claims that it has been regularly and continuously conducting
its said activities under the said trade mark and has acquired extensive
goodwill and reputation through years and years of hard work, skill, labour
which has been reflected in the visual, print and electronic media, in leading
newspapers, trade literature and magazines, books, word of mouth, over the
internet, etc. and all of which have tremendous reach, availability and
circulation world over including in India.
21. Plaintiff further claims that the trademark “SANAWAR/ THE
LAWRENCE SCHOOL, SANAWAR”, has acquired the status of trademark
in a secondary sense. The students, teachers, parents, the trade and industry
and public at large identify and distinguish the Plaintiffs services under the
trademark SANAWAR/THE LAWRENCE SCHOOL, SANAWAR, solely
with the Plaintiff and from the Plaintiffs source and origin alone and regard
them of prestigious value, exclusively as that of the Plaintiff. By virtue of the
aforesaid, the plaintiffs said trademark SANAWAR/THE LAWRENCE
SCHOOL, SANAWAR has become well known within the meaning of well-
known trademark as defined under Section (1)(zg) of the Trade Marks Act,
1999.
22. Plaintiff claims that is a going concern and has been regularly
maintaining and auditing its accounts. The net income of the plaintiff for the
period 01.10.1952 to 31.03.1953 as reflected in the income and expenditure
account during this period was Rs.4,80,499.26; while for the financial year
ending 31.03.2025, it was Rs.13,76,27,913.
23. Plaintiff states that it owns the domain names <www.sanawar.edu.in>
and <www.oldsanwarian.com>, wherein the mark SANAWAR forms a
material part. Screenshots from the websites are reproduced hereunder:-
CS(COMM) 245/2026 Page 6 of 19
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CS(COMM) 245/2026 Page 7 of 19
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Plaintiff claims that it had adopted a significant colour scheme of red
and white as part of its aforementioned websites. The plaintiff’s said
significant colour scheme of Red and White and stylized representation
thereof including of its trademark/trade names are original copyright works in
which the plaintiff owns the copyright within the meaning of Indian
Copyright Act, 1957.
24. Plaintiff submits that the defendant no.1, Mr. Subodh Sinha, is an
educator. Defendant no.2 is a virtual/online entity, i.e. a Facebook page,
officially claiming to be the Administrator of a Facebook Group, of which the
plaintiff is aggrieved. Defendant no.2 is impleaded through its
Administrators/ Operator/ Owner/ Manager/ Controller and also through Mr.
Subodh Sinha, the defendant, who is its apparent Administrators/ Operator/
Owner/ Manager/ Controller. The defendant no.3, Mr. Ankit Kumar Gupta is
the father of a minor student studying in the plaintiff school.
25. Plaintiff claims that sometime in the month of December, 2025, the
plaintiff came across certain derogatory and defamatory posts forming part of
the Group feed/discussion feed of the Facebook Group publicly available at
the URL: <https://www.facebook.com/share/p/1AEngpXNGQ> hosted on the social
media platform “Facebook”, owned and operated by defendant no.4. Upon
examining the said Facebook Group and its contents in greater detail, the following
cause of corn arose for the plaintiff as enumerated in para 37 of the plaint, the same
is extracted hereunder:-
“i) The impugned Facebook group, “The Lawrence School Sanawar
Alumni”, claims to be administrated and moderated by a Facebook Page
in the name of IPSC & Indian Top Schools Alumni- (IITSA), being
defendant No.2 in the present suit.
ii) All posts uploaded on the impugned Facebook group require the prior
approval of the defendant no. 2.
CS(COMM) 245/2026 Page 8 of 19
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iii) Shockingly, members are added by defendant no. 2 to the impugned
Facebook Group without any verification as to whether they are indeed
alumni of The Lawrence School, Sanawar.
iv) Use of the caption “Group by IPSC & Indian Top School Alumni –
IITSA”.
v) Creation of a meta-tag and hyperlink connecting the IITSA Facebook
Page to the official website of the Indian Public-School Conference (IPSC)
i.e. www.ipsc.co.in. even though it has no affiliation with the IPSC.
vi) Uploading of posts by several persons claiming to be members of the
impugned Facebook Group, including some defamatory posts dated
26.11.2025 by one Mr. Ansh Gupta (Son of Mr. Ankit Kumar Gupta), a
student of the school.”
26. Plaintiff claims that aggrieved thereby, it was constrained to make an
inquiry which revealed that i) the impugned Facebook group, “The Lawrence
School Sanawar Alumni”, claims to be administrated and moderated by a Facebook
Page in the name of IPSC & Indian Top Schools Alumni- (IITSA), (hereinafter
referred to as the IITSA Facebook Page) being Defendant No.2 in the present suit;
ii) All posts uploaded on the impugned Facebook group require the prior approval
of the Defendant no. 2; iii) Shockingly, members are added by Defendant no. 2 to
the impugned Facebook Group without any verification as to whether they are
indeed alumni of The Lawrence School, Sanawar. Screenshot as enumerated in para
38 of the plaint is extracted hereunder:-
CS(COMM) 245/2026 Page 9 of 19
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27. Plaintiff further claims that the defendant no.2 i.e. the IITSA Facebook
page, bears a Facebook page ID: 497186985253, and in its introduction
(Intro/Profile), claims to be a ‘Page’ (wrongly styled as a School Page in its
description) representing the Alumni of the top Indian Schools and the schools
which are the members of the prestigious “Indian Public Schools Conference
(IPSC)” and, as already submitted, also wrongfully hyperlinks and/ or metatags to
the official website of IPSC i.e. www.ipsc.co.in even though it has no affiliation
with the IPSC. The relevant screenshots in support thereof as enumerated in para 39
of the plaintiff, are reproduced hereunder:-
CS(COMM) 245/2026 Page 10 of 19
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28. Plaintiff claims that defendant no.1, Mr. Subodh Sinha, is the owner,
operator, manager and administrator of the defendant no.2 Facebook Page
titled “IITSA” and the Facebook groups operated thereunder, including the
impugned facebook group “The Lawrence School Sanawar Alumni”. The
“About/Intro” section of the defendant no.2/Facebook Page lists the contact phone
number 09579683429 and the email address [email protected]. The said
email address is linked to and associated with defendant no.1. Further, an
independent search of the phone number 09579683429 reflects the name Mr.
Subodh Sinha along with the email address [email protected], as
enumerated in para 40 of the plaint, the same is extracted hereunder:
29. Plaintiff further claims that the Defendant no. 1 claims to be a former
CS(COMM) 245/2026 Page 11 of 19
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student of Daly College, Indore (Madhya Pradesh) and is currently engaged in
activities related to education and educational placements, in Palghar district of
Maharashtra. Significantly, both “The Lawrence School Sanawar” as well as the
aforesaid Daly College, Indore are members of “Indian Public Schools Conference
(IPSC)”, which has within its fold over eighty prime schools of the country as its
members. Further enquiries of the Plaintiff revealed the linkedin profile of
defendant no. 1, Mr. Subodh Sinha where he claimed to be employed at Ace
Learning Solutions and being based in Palghar. The screenshot as enumerated in
para 41 of the plaintiff is as follows:
CS(COMM) 245/2026 Page 12 of 19
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Plaintiff states that from the aforesaid screenshot, defendant no.1, Mr.
Subodh Sinha, has posted a positive review on the relevant webpage in
respect of “Ace Learning Solutions”. The said circumstance, read together
with the other material on record indicated an association of defendant no.1
with the said establishment.
30. Plaintiff submits that the defendants no. 1 & 2 are engaged in the same
/similar services as that of the plaintiff and of its sole and recognised alumni
association, namely “The Old Sanawarian Society”. The defendants in relation to
their impugned services are using the trademark/trade name “The Lawrence School
Sanawar” and trademark/trade name “The Lawrence School Sanawar Alumni”, as
its essential feature. The defendants are also using the representation of the iconic
Church building of the School and other images of the plaintiff school.
31. Plaintiff submits that the Defendants no. 1 and 2 malafidely, fraudulently and
CS(COMM) 245/2026 Page 13 of 19
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out of positive greed adopted and started using the impugned trademark / trade
name to trade upon the immense goodwill and reputation enjoyed by the Plaintiff,
including in the plaintiffs said trademark / trade name.
32. The plaintiff claims that the Facebook post dated 26.11.2025, uploaded
and published on the impugned Facebook group
<https://www.facebook.com/groups/260363388169527/> operated and
administered by defendant nos. 1 & 2, appears in the name of Mr.Ansh Gupta,
who is stated to be a minor and the son of defendant no.3 and is presently a
student of the plaintiff school. The plaintiff, on the basis of the surrounding
circumstances, the nature of the allegations and the manner of publication,
reasonably believes that the said post was in fact authored, caused to be
published and circulated by defendant no.3, using the account/profile of his
minor son as a front/guise. Plaintiff states that the defendant no.3 is
responsible for the authorship and publication of the said defamatory material.
The derogatory allegations against the plaintiff school as enumerated in para
55 of the plaint, are extracted hereunder:-
ï‚· That the plaintiff school, The Lawrence School, Sanawar has
no control on children bullying kids.”
ï‚· That despite children leaving the school, “no measures are
taken to stop bullying.”
ï‚· That “Kids are always under fear of getting beaten up by
seniors.”
ï‚· That complaining students are “isolated and called a
Tatler.”
ï‚· That if a child retaliates, he will be “bashed black n blue by
all seniors.”
ï‚· That the system is so flawed that “the child loses faith &
trust in the system.”
ï‚· That “Children are woken up in middle of night and beaten
up.”
ï‚· That seniors give “Drills … to get up in middle of night
change to different school uniforms.”
ï‚· That a system exists where “Two children are to stay awake
every night on rotation to guard” for seniors.
ï‚· That there is widespread “Hitting and physical abuse.”
ï‚· That the school‟s activities are “all a waste.”
CS(COMM) 245/2026 Page 14 of 19
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ï‚· That the school‟s inaction is causing “children …
leaving the school and the word is spreading.”
Plaintiff claims that the defamatory statement made above are because
of an FIR filed against the defendant no.3 on his wilful misconduct.
33. Plaintiff submits that the school is one of the oldest and most reputed
public schools in the country and enjoys a nationwide reputation among students,
parents, alumni and members of the public. The impugned publications expressly
refer to and name the plaintiff school and were viewed and engaged with by such
third parties who are familiar with and capable of identifying the plaintiff school.
Upon reading the said statements, such persons/ third parties understand them as
referring to the plaintiff, and the statements have lowered the reputation of the
plaintiff in their estimation, thereby causing serious and continuing injury to the
plaintiff’s goodwill, standing and reputation.
34. Predicated upon the above, the plaintiffs seek an ex-parte ad-interim
injunction and other reliefs.
35. Having heard Mr. Sudarshan Kumar Bansal, learned counsel for the
plaintiff, perusing the pleadings and the documents on record, it appears that
an ex-parte ad-interim injunction would be in order. The plaintiff has made
out a prima facie case in its favour. The plaintiff appears to be the registered
proprietor of the trademarks “SANAWAR” and “THE LAWRENCE
SCHOOL, SANAWAR” and has been using the same continuously and
extensively since 1914. The plaintiff owns the domain names
<www.sanawar.edu.in> and <www.oldsanwarian.com>, wherein the mark
“SANAWAR” forms a material and distinctive part, further evidencing the
plaintiff’s exclusive proprietary rights and established digital presence under
the said trademark. The header of the said website bears the plaintiff’s
CS(COMM) 245/2026 Page 15 of 19
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distinctive circular logo/insignia i.e depicted in dark navy/black,
featuring a central emblematic design with the school’s heraldic imagery
enclosed within a circular border which is consistent with and forms part of
the plaintiff’s registered trademarks. The website further displays in its lower
section the five distinctive House Shields/Crests of the plaintiff school
rendered in their respective colours namely gold/olive, dark green, red and
white, green, and maroon each bearing unique heraldic devices as extracted in
paragraph 23 hereinabove, which claims to be the original artistic works in
which the plaintiff holds copyright. The plaintiff is an institution of over 175
years standing, with a nationwide and international reputation built over
generations, and any continued use of its trademark and trade name by the
defendants, along with the circulation of the impugned defamatory posts,
would cause irreparable injury to the plaintiff’s goodwill and reputation,
which cannot be adequately compensated in monetary terms. The balance of
convenience also tilts in favour of the plaintiff and against the defendants. If
the injunction is not granted, the plaintiff would suffer irreparable loss of
goodwill, reputation and monetary loss on account of prospective students,
parents and well-wishers, who may be misled into associating the impugned
Facebook group and the defamatory content therein with the plaintiff school.
36. Accordingly, the following directions are passed:
a. Defendant nos.1 and 2, their individual directors partners, principal
officers, agents, heirs, successors and all others acting for and on their
behalf are restrained from using the word/mark “THE LAWRENCE
SCHOOL SANAWAR” and “THE LAWRENCE SCHOOL
SANAWAR ALUMNI” as a trademark/ trade name, domain name, orCS(COMM) 245/2026 Page 16 of 19
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as a material part thereof; or any other trademark/ trade name/ domain
name deceptively similar to the plaintiff’s trademark/trade name/
domain name, including by way of displaying, publishing, promoting,
advertising or in any other manner or mode dealing in including online
or otherwise.
b. Defendant nos.1 and 2, their individual directors partners, principal
officers, agents, heirs, successors and all others acting for and on their
behalf are restrained from using the photographs, depictions,
representations or visual imagery of the plaintiff’s campus, buildings,
church, insignia, crest, trade dress or other distinctive elements of its
institutional identity in relation to its services of operating and
administering an online platform representing itself as an alumni forum
of a School, as also the providing of educational and placement related
services, including teaching, tutorials, academic coaching, examination
preparation and e-learning, along with ancillary and incidental services
in connection therewith including stationary, publicity literature, and all
other paraphernalia connected therewith and goods/services of
allied/cognate nature and from doing any other acts and deeds.
c. Defendant nos. 1, 2 and 3, by themselves as also through their respective
directors, partners, administrators, officers, members, agents, representatives,
servants, employees and all other persons acting for or on their behalf are
restrained from publishing, republishing, circulating, hosting, endorsing,
approving, transmitting or otherwise disseminating, whether directly or
indirectly, any false, defamatory, disparaging, libelous or malicious content,
including posts, comments, statements, images, videos or other material, in
any manner whatsoever, whether online or otherwise, concerning the
plaintiff and/or the plaintiff’s School, including on social media platforms,
websites or digital media, including but not limited to the impugnedCS(COMM) 245/2026 Page 17 of 19
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Facebook post, dated 26.11.2025, or any other similar content, which has the
effect of lowering the reputation, goodwill and standing of the plaintiff and
its School in the eyes of members of the public; and further directing the
defendants Nos. 1, 2 and 3 to immediately delete/ withdraw the impugned
Facebook post, dated 26.11.2025, and/ or any other such posts not within the
knowledge of the plaintiff.
d. Defendant no.4/Meta Platforms Inc. is directed to forthwith take down,
disable access to, block and remove the impugned defamatory and infringing
content, including the Facebook post dated 26.11.2025, and any other similar
related posts, comments or material published on the impugned Facebook
group, page or any other Facebook property under the control of defendant
nos. 1 to 3, which concern or relate to the plaintiff and/or the plaintiff’s
school.
37. If any further websites are discovered by the plaintiff, the plaintiff is at
liberty to communicate the details of such websites, including their domain
names and URLs to defendant no.4/Meta Platforms Inc. Upon receiving such
information alongwith supporting evidence, defendant no.4/Meta Platforms
Inc. is directed to forthwith lock or suspend the newly discovered websites
and defendant no.4/Meta Platforms Inc are directed to immediately block
access to the said websites.
38. Issue notice.
39. Let a reply to this application be filed by the defendants within four
weeks from service. Rejoinder, thereto, if any, be filed within two weeks
thereafter.
40. Compliance of Order XXXIX Rule 3 of CPC shall be done within ten
(10) days from date.
CS(COMM) 245/2026
41. Let the plaint be registered as a suit.
42. Upon filing of the process fee, issue summons of the suit to the
CS(COMM) 245/2026 Page 18 of 19
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defendants through all permissible modes.
43. The summons shall state that the Written Statement shall be filed by the
defendants within 30 days from the date of the receipt of summons.
Alongwith the Written Statement, the defendants shall also file Affidavit of
Admission/Denial of the documents of the plaintiff, without which the
Written Statement shall not be taken on record.
44. 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
defendants be filed by the plaintiff, without which the Replication shall not be
taken on record.
45. 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 reliance, which shall also be filed with the pleadings.
46. If any of the parties wish to seek inspection of any documents, the same
shall be sought and given within the prescribed timelines.
47. List before the Joint Registrar (Judicial) on 20.05.2026 for completion
of service and pleadings.
48. List before the Court on 07.09.2026.
TUSHAR RAO GEDELA, J
MARCH 16, 2026/rl
CS(COMM) 245/2026 Page 19 of 19
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