ORDER

% 29.01.2024 I.A. 1999/2024 (for seeking exemption from filing original clear copies, English translations of vernacular documents and documents with proper margins)

1. Exemption is granted, subject to all just exceptions.

2. The Plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Application is disposed of.

I.A. 1998/2024 (seeking leave to file additional documents)

4. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.

CS(COMM) 79/2024 Page 2 of 11

5. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.

6. Disposed of.

I.A. 2000/2024 (seeking exemption from invoking pre-institution mediation)

7. As the present suit contemplates urgent interim relief, in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Krithi,1 exemption from attempting pre-institution mediation is granted.

8. Application is disposed of.

I.A. 2001/2024 (seeking leave to file and place on record videographic evidence via CD/pen drive)

9. Plaintiff seeks the leave of the Court to place on record a video recording, which forms the subject matter of the present suit. Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018 makes it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said Rule is extracted below:

“24. Reception of electronic evidence -A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry.

The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872.” 1 2023 SCC OnLine SC 1382.

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10. Thus, the Registry may receive electronic record on CD-ROM so long as it is encrypted with a hash value or in any other non-editable format. The video recording contained in CD-ROM be placed in the electronic record of the present suit in a format which is non-editable, so that the same can be viewed by the Court during hearing.

11. Application is disposed of.

CS(COMM) 79/2024

12. Let the plaint be registered as a suit.

13. Issue summons. Mr. Neel Mason, counsel, accepts summons on behalf of Defendant No. 2. He confirms the receipt of the paper-book and waives the right to formal service of summons. Written statement on behalf of Defendant No. 2 be filed within 30 days from today. Upon filing of process fee, issue summons to Defendant No. 1 by all permissible modes. Summons shall state that the written statement shall be filed by Defendant No. 1 within 30 days from the date of receipt of summons.

14. Along with the written statement, the Defendants shall also file affidavit(s) of admission/denial of the documents of the Plaintiff, without which the written statement(s) shall n