IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV, J.
Lalit Arora - Plaintiff
versus
Jai Prakash Chaudhary - Defendant
CS(COMM) 225 of 2025 and I.A. 6576 of 2025
Decided on : 18-03-2025
ORDER :
I.A. 6577/2025 (Exemption)
1. Plaintiff shall file legible/original/certified and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
2. The application for exemption is allowed, subject to the plaintiff granting inspection of the documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial.
3. The application stands disposed of.
CS(OS) 225/2025
4. Heard.
5. The instant civil suit is for the following relief:-
"a) That a decree for specific performance of the collaboration agreement dated 12/6/2023 be passed in favour of the plaintiff and against the defendant;
b) Decree for compensation be also passed in favour of the plaintiff and against the defendant for such amount as the court may deem fit and proper in the circumstances of the case. The plaintiff undertakes to pay the court fee as and when awarded by the Hon'ble High court.
c) Decree for permanent injunction restraining the defendant, his agents , two sons namely Abhishek Choudhary & Anuj Chaudhary ,associates from negotiating, entering in to agreement for sale, alienation or transferring of the property be creating third party interest in Plot no 8 Sector 11 Dwarka South West Delhi 110075 admeasuring 209 sq.meter be also passed.
d) Decree for permanent injunction restraining the defendant, his agents, two sons ,associates from doing renovation in the suit property i.e. Plot no 8 Sector 11 Dwarka South West Delhi 110075 admeasuring 209 sq.meter be also passed.
e) Decree for Mandatory injunction directing the defendant to handover the plot no 18 Sector 11 Dwarka South West Delhi 110075 admeasuring 209 sq.meter for honoring the collaboration agreement dated 12/6/2023 immediately."
6. The plaint be registered as a suit. Summons be issued to the defendants by all permissible modes on filing of process fee. Affidavit of service be filed within two weeks.
7. Summons shall state that the written statement(s) shall be filed by the defendant within 30 days from the date of receipt of summons. Along with the written statement(s), the defendants shall also file affidavit(s) of admission/denial of the documents of the plaintiff, without which the written statement(s) shall not be taken on record.
8. Liberty is given to the plaintiff to file replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the plaintiff, affidavit(s) of admission/denial of documents of the defendant, be filed by the plaintiff, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
9. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
10. List before the Joint Registrar for further proceedings on 11.07.2025.
I.A. 6576/2025 (under Order XXXIX Rule 1 and 2 read with Section 151 CPC for ad interim injunction)
11. Heard.
12. Learned counsel for the plaintiff states that there is an urgency in the instant case and contends that an ex parte injunction be granted, however, the Court deems it appropriate to consider the prayer for grant of injunction after service of the respondent.
13. On plaintiff taking necessary steps, let notice of this application be issued to the defendant by all permissible modes, returnable on the next date of hearing.
14. In addition, the plaintiff is also granted liberty to serve the notice of this application upon defendant through dasti.
15. Let requisites be filed during the course of the day.
16. Dasti notice be handed over to the plaintiff tomorrow.
17. List on 28.03.2025.
The court emphasizes the importance of procedural compliance in civil suits, particularly regarding document submission and timely responses from defendants.
The court emphasized compliance with procedural rules for the registration of the suit and issuance of summons to ensure fair proceedings.
The court condoned the delay in re-filing the suit under Section 5 of the Limitation Act, emphasizing compliance with procedural rules for document filing.
The court affirmed the maintainability of the suit under the Commercial Courts Act, emphasizing compliance with mediation requirements and procedural rules for document submission.
The court allowed the amendment of plaint and impleading of a new plaintiff, emphasizing the enforceability of agreements and the protection of rights under the doctrine of lis pendens.
The court granted exemption from pre-institution mediation and allowed filing of additional documents due to the urgent nature of the suit, emphasizing procedural compliance.
Patent holders are entitled to seek injunctions against infringing products to protect their rights and maintain market integrity.
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