ORDER

% 16.07.2024 I.A. 32819/2024 (for exemption) 1. Plaintiff is directed to file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

2. The application for exemption is allowed, subject to the plaintiff granting inspection of the documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial.

3. The application stands disposed of.

I.A. 32820/2024 (under Section 12A of the Commercial Courts Act, 2015 for exemption from pre-institution mediation) 4. This is an application filed under Section 12A of the Commercial Courts Act, 2015 seeking exemption from pre-institution mediation as provided under Section 12A of the Commercial Courts Act. In view of the fact that there are previous two (2) suits pending between the same parties in CS(COMM) 284/2024 and CS(COMM) 661/2023 and considering the fact that the parties have already attempted mediation in CS(COMM) 661/2023 without any success and further the fact that the plaintiff is seeking interim reliefs by way of I.A. 32821/2024, this Court is satisfied that the plaintiff has made out a case for grant of exemption.

5. Learned counsels for the defendants does not oppose the said application.

6. Accordingly, the present application is allowed.

I.A. 32822/2024 (under Order II Rule 2 CPC from making the whole of the claim in respect of the cause of action for the accompanying suit) 7. Issue notice. Mr. P.K. Bansal, learned counsel accepts notice on behalf of defendant nos. 2 and 3 and Mr. Sidhant Garg, learned counsel accepts notice on behalf of defendant nos. 1 and 4.

8. Reply be filed within two weeks. Rejoinder, if any, be filed within two weeks thereafter.

I.A. 32821/2024 (for urgent interim reliefs) 9. This is an application filed by the plaintiff under Order XXXIX Rule 1 and 2, Code of Civil Procedure, 1908 (‘CPC’) seeking urgent interim reliefs.

10. Issue notice. Learned counsels for the defendants accept notice.

11. Learned senior counsel for the defendant nos. 1 to 3 state that since admittedly the plaintiff herein has set out in the plaint that the facts leading to the cause of action in the suit arose in the year July, 2023 to the knowledge of the plaintiff, the defendant seeks two (2) weeks’ time to place on record his response along with documents so as to enable him to rebut the contentions of the plaintiff address arguments in this regard.

12. In the opinion of this Court, the aforesaid prayer of the defendant is reasonable. The defendant is directed to file its reply to this application within two weeks and ensure filing of the income tax returns (‘ITR’) and the audited accounts of the proprietor ship firm M/s Modern Industries for the year ending 31.03.2020, 31.03.2021, 31.03.2022 and 31.03.2023. It is clarified that if M/s Modern Industries has operated as a sole proprietorship firm beyond the date of 31.03.2023, the defendants will place on record the accounts of the firm till the date of its takeover/dissolution.

13. As per the averments made in the plaint, the business of M/s Modern Industries has been taken over by defendant no. 1 with effect from 01.09.2022 (i.e., the date of Board Resolution by defendant no.1) and it is maintained as a separate administrative division within defendant no. 1. It is stated that defendant no. 1 is a company owned and controlled by defendant nos. 2 to 4. Accordingly, defendant nos. 1 to 4 are also directed to place on record the accounts of the business of the said separate administrative division under the name and nomenclature of M/s Modern Industries maintained from the date of takeover of the proprietorship firm’s business until 31.03.2024.

14. The defendant nos. 1 to 4 will also place on record the title deeds pertaining to the immovable properties of the flats at Mayur Vihar mentioned at