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2025 Supreme(Del) 65

IN THE HIGH COURT OF DELHI AT NEW DELHI 
AMIT BANSAL, J.
Valuedrive Technologies Private Limited - Plaintiff 
versus 
Vivo Mobile India Private Limited - Defendant 
CS(COMM) 276 of 2025, I.A. 8120 of 2025, I.A. 8121 of 2025, I.A. 8122 of 2025, I.A. 8123 of 2025, I.A. 8124 of 2025 & I.A. 8125 of 2025 
Decided on : 28-03-2025

Advocates Appeared:
For the Plaintiff :Mr. Sidhant Goel, Mr. Mohit Goel, Mr. Abhishek Kotnala, Mr. Kartikeya Tandon and Mr. Aishna Jain, Advocates
For the Defendedant :Mr. Chander M. Lall, Senior Advocate with Ms. Julien George, Mr. Aniruddh Bhatia, Ms. N. Parvati and Ms. Annanya Mehan, Advocates

Exemption from pre-institution mediation granted due to urgency; timelines established for filing documents and responses under the Commercial Courts Act.

Headnote:(A) Commercial Courts Act, 2015 - Sections 12A and 63(4)(c) - Application for exemption from pre-institution mediation granted due to urgency - Plaintiff permitted to file additional documents and granted time for filing request certificate - Court fee application noted - Suit registered and summons issued. (Paras 3, 11, 13, 14)

(B) Civil Procedure Code, 1908 - Order XXXIX Rules 1 and 2 - Written statement and affidavit of admission/denial required from defendant within thirty days - Liberty granted to plaintiff for replication and timelines established for document inspection. (Paras 16, 17, 19)

Facts of the case:
The plaintiff filed multiple applications seeking permission to file additional documents, exemption from mediation, and time for filing a request certificate under the Bharatiya Sakshiya Adhiniyam, 2023. The court allowed these applications, emphasizing the urgency of the matter.

Findings of Court:
The court granted various permissions to the plaintiff, including the registration of the suit and issuance of summons, while establishing timelines for the defendant's response and document handling.

Issues: The main issues included the necessity for exemption from pre-institution mediation and the timelines for filing documents and responses.

Ratio Decidendi: The court ruled that due to the urgency of the case, exemption from pre-institution mediation was warranted, and established clear timelines for the parties to follow regarding document submissions and responses.

Result: Applications allowed and suit registered.

ORDER :

I.A. 8122/2025 (exemption from filing original/certified/translated/clear copies of documents)

1. Allowed, subject to plaintiff filing translated/clear copies of documents within four (4) weeks.

2. The application stands disposed of.

I.A. 8121/2025 (O-XI R-1(4) of the Commercial Courts Act)

3. The present application has been filed on behalf of the plaintiff seeking leave to file additional documents under the Commercial Courts Act, 2015.

4. The plaintiff is permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

5. Accordingly, the application is disposed of.

I.A. 8125/2025 (seeking time for filing the request certificate under Section 63(4)(c) of the Bharatiya Sakshiya Adhiniyam, 2023

6. This application has been filed by the plaintiff seeking time for filing the request certificate under Section 63(4)(c) of the Bharatiya Sakshiya Adhiniyam, 2023.

7. For the reasons stated in the application, four (4) weeks’ time is granted to file the aforesaid certificate.

8. Application stands disposed of. I.A. 8123/2025 (u/s 149 of the CPC)

9. Counsel for the plaintiff submits that the Court fee has been applied for and shall be placed on record within one (1) week.

9.1. Statement of counsel is taken on record.

10. The application is disposed of.

I.A. 8124/2025 (u/s 12A of Commercial Courts Act, 2015)

11. As the present suit contemplates urgent interim relief, in light of 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 granted.

12. The application stands disposed of.

CS(COMM) 276/2025 I.A. 8120/2025 (under Order XXXIX Rules 1 and 2 CPC)

13. Let the plaint be registered as a suit.

14. Issue summons in the suit and notice in the present application.

15. Ms. Julien George, Advocate accepts summons in the suit and notice in the application on behalf of the defendant and waives issuance of formal summons.

16. Written statement to the suit and reply to the application shall be filed by the defendant within thirty days from today. Along with the written statement, the defendant shall also file affidavit of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record.

17. Liberty is given to the plaintiff to file replication, if any, within thirty days from the receipt of the written statement. Along with the replication filed by the plaintiff, affidavit of admission/denial of the documents of the defendant be filed by the plaintiff.

18. Rejoinder, if any, to the reply to the application filed by the defendant, shall be filed within two weeks after the receipt of such reply.

19. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

20. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

21. List before the Joint Registrar on 7th May, 2025, for completion of service and pleadings.

22. List before the Court on 15th September, 2025.

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