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2025 Supreme(Del) 218

IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J.
Tata Sons Private Limited & Anr. - Plaintiffs
Versus
Nahta Salt And Chemical Private Limited & Anr. - Defendants
CS (COMM) 285 of 2025 & I.A. 8390-8394 of 2025
Decided On : 01-04-2025

Advocates Appeared:
For the Plaintiff :Mr. Achuthan Sreekumar, Mr. Rohil Bansal and Mr. Swastik Bisarya, Advocates

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.

Headnote:(A) Commercial Courts Act, 2015 - Sections 12A and provisions for filing additional documents - The court allowed the plaintiffs to file additional documents and granted exemption from pre-institution mediation due to the urgent nature of the suit, referencing the Supreme Court judgment in Yamini Manohar v. T.K.D. Krithi. (Paras 9, 10, 11)

(B) Civil Procedure Code, 1908 - Order XXXIX Rules 1 & 2 - The court issued summons and set timelines for the defendants to file written statements and for the plaintiffs to file replications, ensuring adherence to procedural requirements. (Paras 12-15)

Facts of the case:
The plaintiffs sought leave to file additional documents and exemption from pre-institution mediation in a suit requiring urgent interim relief. The court allowed these applications and set procedural timelines for the case.

Findings of Court:
The court disposed of the applications, allowing the filing of additional documents and granting exemption from mediation, while establishing timelines for pleadings and document submissions.

Issues: The main issues included the necessity of pre-institution mediation and the procedural requirements for filing additional documents.

Ratio Decidendi: The court emphasized the urgency of the suit and the need for procedural compliance, allowing exemptions and setting clear timelines for the parties involved.

Result: Applications disposed of.

ORDER :

I.A. 8392/2025 (exemption)

1. Allowed, subject to plaintiffs filing originals/clearer/certified copies of original translated copies of documents within four weeks.

2. The application stands disposed of.

I.A. 8391/2025 (O-XI R-1(4) of the Commercial Courts Act)

3. The present application has been filed on behalf of the plaintiffs seeking leave to file additional documents.

4. The plaintiffs are 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. 8394/2025 (u/s 149 of the CPC)

6. Mr. Achuthan Sreekumar, counsel appearing on behalf of the plaintiffs submits that the requisite court fees shall be paid within two weeks from today.

7. Statement of counsel is taken on record.

8. The application is disposed of.

I.A. 8393/2025 (u/s 12A of Commercial Courts Act, 2015)

9. 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 preinstitution mediation is granted.

10. The application stands disposed of.

CS (COMM) 285/2025 & I.A. 8390/2025 (u/O-XXXIX Rule 1 & 2 of Code of Civil Procedure, 1908)

11. Let the plaint be registered as a suit.

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

13. Written statement(s) to the suit and reply(ies) to the application shall be filed by the defendants within thirty days from today. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiffs,without which the written statement(s) shall not be taken on record.

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

15. Rejoinder(s), if any, to the reply(ies) to the application filed by the defendants, shall be filed with in two weeks after the receipt of such reply(ies). 

16. 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.

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

18. List before the Joint Registrar on 23rd May, 2025, for completion of service and pleadings.

19. List before the Court on 10th July, 2025.

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