ORDER

% 19.07.2024 I.A. 33590/2024 (by the plaintiff under Order XI Rule 1(4) read with Section 151 CPC )

1.This is an application seeking exemption from filing original documents. Original documents shall be produced/filed, if sought, strictly as per the provisions of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, ‘Commercial Courts Act’) and DHC (Original Side) Rules, 2018.

2.Allowed, subject to all just exceptions.

3.The application stands disposed of. I.A. 33591/2024 (under Section 151 CPC filed by Plaintiff seeking exemption from filing certified copies of the documents)

4.Allowed, subject to all just exceptions. CS(COMM) 583/2024

5.This is a suit under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

6.Learned counsel for the plaintiff submits that the pre-suit mediation was resorted to, however, the same has failed.In support of his contention, a reference is made to the pre-suit mediation report, which is document no.20 in the documents file. He further submits that the defendant was appointed as agent of the plaintiff to market, manage, promote and also to collect the money with regard to invoices raised by the plaintiff.He submits that the defendant has siphoned off and misappropriated the money received from various clients of the plaintiff.

7.In view of the above, let plaint be registered as a suit.

8.On filing of process fee, summons be issued to the defendant by all permissible modes.

9.The summons shall indicate that written statement must be filed within thirty days from the date of receipt of summons. The defendant shall also file an affidavit of admission/denial of the documents filed by the plaintiff, failing which the written statement shall not be taken on record.

10.The plaintiff is at liberty to file replication thereto within thirty days after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by the defendant, failing which the replication shall not be taken on record.

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

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

13.List before the learned Joint Registrar for completion of service, pleadings, admission/denial of documents and marking of exhibits on 25.09.2024.

14.List before the Court after completion of pleadings on 22.10.2024. VIKAS MAHAJAN, J JULY 19, 2024 MK