2024 Supreme(Online)(DEL) 32903
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1201/2024 & I.A. Nos. 49804/2024, 49805/2024, 49806/2024, 49807/2024 & 49808/2024 NOVEX COMMUNICATIONS PRIVATE LIMITED .....Plaintiff Through: Mr. Chander M. Lall, Senior Advocate with Mr. Jasdeep Singh Dhillon, Mr. Anirudh Jamwal, Mr. Rajpal Singh, Ms. Ananya and Mr. Ishwar Raj Chandra, Advocates.
(M): 9599754586 Email: mpslegaloffices@gmail.com versus BEING FS PACIFIC HOSPITALITY PRIVATE LIMITED .....Defendant Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
RAJPAL SINGH
O R D E R
% 24.12.2024 I.A. 49806/2024 (Exemption from filing original and certified copies of documents)
1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), on behalf of the plaintiff, seeking exemption from filing originals/certified copies/true typed and legible copies of dim documents.
2. Exemption is granted, subject to all just exceptions.
3. Plaintiff shall file legible, clear, and translated copies of the CS(COMM)1201/2024 Page1of12 documents, on which the plaintiff mayseek to place reliance, before the next date of hearing.
4. Accordingly, the present application is disposed of.
I.A. 49805/2024 (Exemption from instituting Pre-Institution Mediation) 5. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.
6. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar Versus T.K.D. Keerthi, 2023 SCC OnLine SC 1382, and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption from attempting Pre-Institution Mediation, is granted.
7. Accordingly, the application stands disposed of.
I.A. No. 49807/2024 (Application seeking placing on record Digital Versatile Discs (DVD) and Video Compact Discs (VCD))
8. The present application has been filed under Section 151 CPC seeking to place on record Digital Versatile Discs (“DVD”) and Video Compact Discs (VCD).
9. In terms of Rule 24 of Chapter-XI of the Delhi High Court (Original Side) Rules, 2018, it is made clear that electronic records can be received in CD/DVD/Medium, encrypted with a hash value. The said Rule is extracted as 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, signedby the party inthe form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the CS(COMM)1201/2024 Page2of12 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 IndianEvidenceAct,1872.”
10. Accordingly, Registry may receive electronic record in a Compact Disk (“CD”)/ DVD/ Medium, so long as it is encrypted with a hash value or in any other non-editable format. The CD/ DVD/ Medium containing the videos, be placed in the electronic record of the present suit.
11. Accordingly, the present application is allowed and the plaintiff is allowed to place the videos in a CD/ DVD/ Medium.
12. With the aforesaid directions, the present application is disposed of.
I.A. 49808/2024 (Application seeking extension of time for filing Court Fees)
13. The present is an application under Section 149 read with Section 151 CPC, seeking extension of time for filing Court Fees and regarding payment of One-Time Process Fees.
14. Learned Senior Counsel appearing for the plaintiff, on instructions submits that the requisite Court Fees shall be filed within a period of two weeks.
15. Libertyis granted.
16. With the aforesaid directions, the application is disposed of.
CS(COMM)1201/2024 Page3of12 CS(COMM) 1201/2024
17. None appears for the defendant despite advance servi