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IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav
Indu Lal – Appellant
Versus
Chetanya Buildcon Pvt Ltd – Respondent
ORDER :
I.A. 5895/2025 (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 (COMM) 199/2025
4. Heard learned counsel appearing for the plaintiffs.
5. The suit is for the following reliefs:
“a. Pass a decree, thereby compelling the Defendant No. 1 to specifically perform its obligations towards the Plaintiffs under the Property Development Agreement dated 01.09.2018, including a direction to deliver-up to the Plaintiffs the possession of the Plaintiffs’ share of the Owners’ Allocation in the redeveloped building on W-22, Greater Kailash-II, New Delhi, i.e., the front unit on the first floor, 11.25% undivided interest in the underlying land parcel, and 50% of stilt car parking, along with access to common areas, facilities and services;
b. Pass a decree declaring that the Plaintiffs are entitled to specific performance of Defenda
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 emphasizes the importance of procedural compliance in civil suits, particularly regarding document submission and timely responses from defendants.
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 emphasized compliance with procedural rules for the registration of the suit and issuance of summons to ensure fair proceedings.
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.
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 upheld that protecting registered trademarks from potentially infringing use requires establishing a prima facie case, balance of convenience, and potential for irreparable harm.
Exemption from pre-institution mediation granted due to urgency; timelines established for filing documents and responses under the Commercial Courts Act.
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