The court affirmed the maintainability of the suit under the Commercial Courts Act, emphasizing compliance with mediation requirements and procedural rules for document submission.

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 Defendant No.1's obligations under the Property Development Agreement dated 01.09.2018, that the Defendant No.1 have breached their obligations under the Property Development Agreement, and that the Plaintiffs are entitled to the following claims of damages on account of the aforesaid breach, in addition to the relief of specific performance;

c. Pass a decree directing the Defendant No. 1 to pay to the Plaintiffs an amount of Rs. 5,20,50,000/-, as due under the terms of the Property Development Agreement, along with interest of 12% per annum from the date of accrual till actual payment;

d. Pass a decree directing the Defendant No. 1 to pay to the Plaintiffs an amount of Rs. 2,24,00,000/-, by way of liquidated damages as due till the date of filing of the present Suit under the terms of the Property Development Agreement, along with interest of 18% per annum pendente lite and till actual payment;

e. Pass a decree directing the Defendant No.1 to pay to the Plaintiffs liquidated damages due from the date of filing of the present Suit till the date of handover of the duly completed Suit Property to the Plaintiffs by the Defendant No.1, at the enhanced rate of Rs. 5,00,000/- per month, to be further enhanced at the rate of 10% per annum till payment, along with an interest of 18% per annum from the date of accrual till actual payment;

f. Pass a decree directing the Defendant No. 1 to pay to the Plaintiffs an amount of Rs. 2,38,60,000/- by way of compensatory damages, as due on the date of filing of the present Suit, for continuing breach of the terms of the Property Development Agreement, along with interest of 18% per annum pendente lite and till actual payment;”

6. The plaint be registered as a suit. Issue summons. Mr. Shreyans Singhvi learned counsel on behalf of the defendant No.1 and Mr. Sarad Kumar Sunny, learned counsel appearing for defendant No.2 are present. They confirm the receipt of the suit paperbook and waives the right of formal service of summons.

7. The written statements must be filed within thirty days from today. The Defendants shall also file affidavits of admission/denial of the documents filed by the plaintiffs, failing which the written statements shall not be taken on record.

8. The plaintiffs are at liberty to file replications thereto within thirty days after filing of the written statements. The replications shall be accompanied by affidavits of admission/denial in respect of the documents filed by the defendants, failing which the replications shall not be taken on record.

9. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

10. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

11. Mr. Shreyans, learned cou