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2025 Supreme(Del) 119

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J.
Declutter Technologies LLP - Plaintiff
Versus
Mr. Ranjit Jayaratnam - Defendant
CS(OS) 199 of 2025 & I.A. 8109-8110 of 2025, CS(OS) 200 of 2025 & I.A. 8115-8116 of 2025
Decided On : 28-03-2025

Advocates Appeared:
For the Plaintiff :Mr. Rajesh Yadav, Senior Advocate with Ms. Ruchira V. Arora and Mr. Dhananjay Mehlawat, Advocates
For the Defendant :Mr. Akhil Sibal, Senior Advocate with Ms. Vidhi Goel, Mr. Jai Sahai Endlaw and Mr. Krishna Dev Yadav, Advocates

The court encourages mediation as a means to resolve disputes before litigation, emphasizing the importance of amicable settlement.

Headnote:(A) Civil Procedure Code, 1908 - Mediation - Applications for exemption from filing originals/certified copies of documents - Plaintiff seeks declaration against cancellation of Agreements to Sell and specific performance - Court encourages mediation before litigation - Defendants agree to not create third-party interests during mediation. (Paras 1-8)

(B) Mediation - The court refers the matter to the Delhi High Court Mediation and Conciliation Centre, appointing a senior advocate as mediator. (Paras 8-9)

(C) Procedure - Defendants residing abroad permitted to join mediation via video conferencing. (Paras 12)

Facts of the case:
The plaintiff filed civil suits seeking declarations that the cancellation of two Agreements to Sell dated 05.07.2022 is illegal and seeks specific performance.

Findings of Court:
The court allows exemption from filing originals, subject to inspection and compliance with practice rules.

Issues: The main issue is whether mediation is appropriate before litigation.

Ratio Decidendi: The court emphasizes the importance of mediation in resolving disputes amicably and allows the parties to explore this option before proceeding with litigation.

Result: Applications allowed; matter referred to mediation.

ORDER :

1. These are applications filed by the plaintiff seeking exemption from filing originals/certified copies of the documents, the copies of which have been filed with the suit.

2. Plaintiff shall file certified copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. The application for exemption is allowed, subject to the plaintiff granting inspection of the original of the documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial.

4. The application stands disposed of.

CS(OS) 199/2025 CS(OS) 200/2025

5. The present civil suits have been filed by the plaintiff seeking declaration that the purported cancellation/revocation of two (2) separate Agreement to Sell, both dated 05.07.2022 by respective defendants vide notice dated 19.02.2025 as illegal and not binding on the plaintiff. The plaintiff also seeks specific performance of the two (2) separate Agreement to Sell, both dated 05.07.2022 in favour of the plaintiff and a direction to respective defendants to execute and register sale deeds qua the suit properties in favour of the plaintiff.

6. At the outset, learned senior counsels for the parties suggest that this is a fit case where the parties must explore mediation before initiating litigation against each other.

7. Mr. Sibal and Mr. Sindhwani, learned senior counsels for the defendants state that without prejudice to the rights and contentions of the respective defendants, the defendants will not create any third-party interest in the suit properties, so as to facilitate meaningful mediation proceeding, until the conclusion of the mediation proceedings. The defendants are bound down to the aforesaid statement, until the next date of hearing.

8. With the consent of the parties, the matter is referred to Samadhan - Delhi High Court Mediation and Conciliation Centre (‘Mediation Centre’).

9. Learned senior counsels for the parties have suggested for appointment of a Mr. Rajiv K. Virmani, Senior Advocate to mediate the proceedings. Accordingly, the Organizing Secretary is requested to mark the matter to Mr. Rajiv K. Virmani, Senior Advocate.

10. List before the Mediation Centre on 07.04.2025 at 3:30 P.M.

11. List before Court on 15.05.2025 in the Supplementary List.

12. Since the defendants are residing abroad, the defendants will be granted liberty by the learned Mediator to join the proceedings through video conferencing.

13. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for purposes of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.

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