Exemptions from procedural requirements granted under CPC and Commercial Courts Act, emphasizing adherence to rules for document submissions and timelines.

O R D E R

I.A. 37350/2024 (Exemption from filing original documents)

1. The present application has been filed on behalf of the plaintiffs under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking exemption from filing the original documents.

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

3. The plaintiffs shall file legible, clear, and translated copies of the documents, on which the plaintiffs may seek to place reliance, before the next date of hearing.

4. Accordingly, the present application is disposed of.

I.A. 37348/2024 (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 CPC, seeking exemption from undergoing Pre-Institution Mediation.

CS(COMM) 716/2024 Page 1 of 3

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. 37351/2024 (Exemption from advance service to the defendants)

8. The present is an application filed on behalf of the plaintiffs under Section 151 CPC, seeking exemption from effecting advance service upon the defendant.

9. Since summons is being issued to the defendants, the present application is disposed of.

I.A. 37349/2024 (Application seeking leave to file additional documents) 10. This is an application on behalf of the plaintiffs under Order XI Rule 1(4) read with Section 151 CPC, as amended by the Commercial Courts Act, 2015 , seeking leave to file additional documents.

11. The plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of Commercial Courts Act, 2015 , and the Delhi High Court (Original Side) Rules, 2018.

12. With the aforesaid directions, the application is disposed of.

I.A. 37347/2024 (Application for appointment of Local Commissioner)

13. The present is an application under Order XXVI Rule 9 read with Section 151 CPC, seeking appointment of a Local Commissioner.

14. Since notice is being issued to the defendants, appointment of a Local Commissioner cannot be directed at this stage.

15. With the aforesaid directions, the present application is disposed of.

CS(COMM) 716/2024 Page 2 of 3 CS(COMM) 716/2024 & I.A. No. 37346/2024 (Application under Order XXXIX Rules 1 and 2 CPC)

16. Let the plaint be registered as suit.

17. Upon filing of the process fee, issue summons to the defendants by all permissible modes. Summons shall state that the written statement be filed by the defendants within thirty days from the date of receipt of summons. Along with the written statement, the defendants shall also file affidavit of admission/denial of the plaintiffs’ documents, without which, the written statement shall not be taken on record.

18. Liberty is given to the plaintiffs to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiffs, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiffs, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.

19. List before the Joint Registrar (Judicial) for marking of exhibits, on

15th October, 2024.

20. List before the Court on 04th November, 2024.