O R D E R

% 24.09.2024 I.A. 40356/2024 (by the plaintiff under Section 5 of the Limitation Act, 1963 read with Section 151 CPC for condonation of delay in re-filing the suit)

1. For the reasons mentioned in the application, the delay of 04 days in re-filing the suit is condoned.

2. The application stands disposed of.

I.A. 40325/2024 (by the plaintiff under Section 151 CPC for exemption from filing certified/original copies of documents)

3. 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.

4. The application is allowed and disposed of.

5. The present suit has been filed seeking damages in terms of Clause 11 of the Construction Contract entered into between the plaintiff and the defendant. The suit is covered by Section 2(c)(vi) of the Commercial Courts Act, 2015.

6. Learned counsel has also invited the attention of the Court to document no.14 to submit that pre-institution mediation in terms of Section 12A of the Commercial Courts Act, 2015 has already been availed by the plaintiff. The report of the Delhi High Court Legal Services Committee, which has been filed with the plaint, shows that the defendants were not willing to participate in the pre-institution mediation proceedings and accordingly, the said proceedings were treated as non-starter. 7. In view of the above, the 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 defendants 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 defendants, 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

03.12.2024.

14. List before Court on 20.01.2025.

VIKAS MAHAJAN, J SEPTEMBER 24, 2024 MK