Procedural Green Light: Delhi High Court Streamlines Commercial Dispute Between Matter Motor Works and Hero MotoCorp

In a recent procedural order, the Delhi High Court has set the stage for a commercial battle between Matter Motor Works Private Limited and Hero MotoCorp Limited. While the suit remains in its nascent stages, the court has navigated necessary procedural milestones, including the contentious issue of pre-litigation mediation.

The Backdrop of the Dispute

The plaintiff, Matter Motor Works Private Limited, initiated the suit (CS(COMM) 1183/2025) against industry giant Hero MotoCorp Limited, seeking urgent interim relief. As is standard for high-stakes commercial disputes, the plaintiff filed several interlocutory applications alongside the main suit, covering procedural exemptions and the administrative management of the case.

Navigating the Mediation Mandate

A pivotal moment in the court’s order concerned the statutory requirement for pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015. Section 12A generally mandates parties to attempt mediation before approaching the court.

However, recognizing the urgency of the prayers for interim relief sought by Matter Motor Works, the High Court exercised its judicial discretion. Relying on the Supreme Court’s ruling in Yamini Manohar v. T.K.D. Keerthi (2024), the court granted an exemption to the plaintiff, allowing the suit to proceed directly to the court’s docket without the prerequisite mediation phase.

Key Observations

The Hon'ble Court set clear boundaries for the parties moving forward, emphasizing the need for strict compliance with the Delhi High Court (Original Side) Rules, 2018. The bench underscored the importance of accurate pleadings and transparent document discovery:

• On Mediation Exemption: "Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi, exemption from the requirement of pre-institution mediation is granted to the plaintiff."
• On Document Integrity: "It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party."
• On Procedural Strictness: "The written statement will be accompanied with affidavit of admission/denial of documents, failing which the written statement will not be taken on record."

The Road Ahead: What This Means for Commercial Litigation

The court’s order serves as a reminder of the rigid procedural standards expected in the Commercial Division of the High Court. By mandating that the written statement and any potential replication be accompanied by affidavits of admission/denial, the court is signaling a zero-tolerance policy toward delaying tactics often seen in complex commercial litigation.

With summons issued and accepted, the defendant, Hero MotoCorp Limited, is now tasked with filing its written statement within thirty days. The case is slated for its next hearing on November 25, 2025, when the court will likely delve deeper into the interim relief applications. For legal practitioners, the order reinforces the necessity of proving the presence of "urgent" circumstances if one intends to bypass the statutory hurdles of pre-litigation mediation.