$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 10^th November, 2023 + CS(COMM) 822/2023, I.As. 22638/2023, 22639/2023, 22640/2023, 22641/2023, 22642/2023 & 22643/2023 ST+ART INDIA FOUNDATION & ANR. ..... Plaintiffs Through: Mr. Pravin Anand, Mr. Dhruv Anand, Ms. Udita Patro, Ms. Sampurnaa Sanyal and Ms. Nimrat Singh, Advocates (M: 9313399860).

versus ACKO GENERAL INSURANCE ..... Defendant Through: Mr. Peeyoosh Kalra, Ms V. Mohini and Ms. Aarti Aggarwal, Advocates (M: 9818386010).

CORAM:

JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

I.A. 22641/2023 (for exemption)

2. This is an application filed by the Plaintiffs seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, left side margins, electronic documents, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.

3. Exemption is allowed, subject to all just exceptions.

4. Accordingly, the application is disposed of.

I.A. 22640/2023 (for additional documents)

5. This is an application filed by the Plaintiffs seeking leave to file additional documents under the Commercial Courts, Commercial Division Signature Not Verified Digitally Signed CS(COMM) 822/2023 Page 1 of 10 and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, ‘Commercial Courts Act’). The Plaintiffs, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.

6. The application is disposed of.

I.A. 22642/2023 (extension of time for filing Court fee)

7. The Court fee is stated to be deposited. Let the stamp be filed within one week.

8. Application is disposed of.

I.A.22643/2023 (u/S 12A of the Commercial Courts Act)

9. This is an application filed by the Plaintiffs seeking exemption from instituting pre-litigation mediation, under Section 12A of the Commercial Courts Act.

10. Considering the facts and circumstances of the case, the Court is satisfied that in terms of the judgment of the Supreme Court in Yamini Manohar v. T.K.D Keerthi, [2023 LiveLaw (SC) 906] the suit contemplates urgent interim relief. In these facts, the exemption under Section 12A Commercial Courts Act is granted to the Plaintiff. 11. Accordingly, the application is disposed of.

CS(COMM) 822/2023

12. Let the plaint be registered as a suit.

13. Issue summons to the Defendant through all modes upon filing of the Process Fee. Summons are accepted by Ms. V. Mohini, ld. counsel for Defendant.

14. The summons to the Defendant shall indicate that the written statement(s) to the plaint shall be positively filed within 30 days from date Signature Not Verified Digitally Signed CS(COMM) 822/2023 Page 2 of 10 of receipt of summons. Along with the written statement(s), the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement(s) shall not be taken on record.

15. Liberty is given to the Plaintiffs to file the replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiffs, an affidavit of admission/denial of documents of the Defendant, be filed by the Plaintiffs, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

16. List before the Joint Registrar for marking of exhibits on 12^th January, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

17. List before Court on 2^nd February, 2024.

I.A. 22638/2023 (u/O XXXIX Rules 1 & 2 CPC)

18. Issue notice. Ms. V. Mohini, ld. Counsel accepts notice for the Defendant -Acko General Insurance.

19. The Plaintiff No. 1- St+Art Indi