Procedure for filing commercial suit  with regards to protection of personality rights

File an I.A for  Exemption from pre-institution Mediation.

Plaintiff files an application seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 (“CC Act”). As the matter is filed for urgent interim relief, refer to the  judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382, exemption from the requirement of pre institution Mediation is usually allowed by the court.

File I.A. for Extension of time to file Court Fees.
Plaintiff files application under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking exemption from payment of Court Fees at the time of the filing of the Suit. At times 2 or 3 weeks are granted to the plaintiff to file the requisite court fees which is the discretion of the court.

File under O-XI R-1(4) of the Code of Civil Procedure, 1908  to place on record additional documents

Plaintiff  files application under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents. Plaintiff  may be permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018

Extension of time for filing the Certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023)

The Plaintiff  files application under Section 80(2) read with Section 151 of the CPC seeking exemption from serving prior notice under Section 80 of the CPC to Defendant No  as applicable  i.e., the Ministry of Electronics and Information Technology and Defendant No. as applicable , i.e., Department of Telecommunications.

Plaint Registered as Suit

Once all the formalities are approved by the court , the court as its discretion directs the plaint to be registered as suit and issues summons to the defendants.

Discovery, production & inspection of Defendants’ documents

Plaintiff may file I.A.  under Order XI Rules 1, 3 and 5 of the CPC as amended by the CC Act read with Section 151 of CPC, seeking discovery, production and inspection of the Defendants’ documents.

I.A. seeking  interim injunction u/O XXXIX R-1&2 CPC)

Prayers stating  irreparable loss, damage and injury would be caused to the Plaintiff’s goodwill, reputation and prestige if the interim injunction as prayed for is not granted immediately

Reference to Judgments

• Anil Kapoor v. Simply Life India, 2023 SCC OnLine Del 6914
• Amitabh Bachchan v. Rajat Nagi, (2022) 6 HCC (Del) 641
• Jaikishan Kakubhai Saraf v. Peppy Store, (2024) 2 HCC (Del) 253

Conclusion for protection of  personality rights of celebrities

The Hon’ble High Court has in  many cases entertained such commercial suits wherein personality rights of actors  have been protected by filing suits for protection of personality rights . For more information kindly refer to the Judgment of   Aishwarya rai bachchan vs aishwaryaworld.com  & ors  in CS(COMM) 956/2025 and several other celebrities. For more information kindly click on Trade Mark lawyers

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