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2024 Supreme(Online)(DEL) 7608

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 682/2024, I.A. 36274/2024, I.A. 36275/2024, I.A.

36276/2024, I.A. 36277/2024, I.A. 36278/2024 & I.A. 36279/2024 HIMALAYA WELLNESS COMPANY AND ORS .....Plaintiffs Through: Mr. Pravin Anand, Ms. Prachi Agarwal, Ms. Kanupriya Chawla, and Ms. Elisha Sinha, Advs.

versus VLADO SKY ENTERPRISE PRIVATE LIMITED .....Defendant Through: None.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

Advocates:
ELISHA SINHA

O R D E R

% 13.08.2024 I.A. 36279/2024 (Exemption from filing original and clear copies of documents)

1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), on behalf of the plaintiffs, seeking exemption from filing original documents and filing clear/legible copies of documents with proper margin.

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

3. Applicant shall file legible, clear, and translated copies of the documents, on which the plaintiffs may seek to place reliance, before the Page 1 of 22 next date of hearing.

4. Accordingly, the present application is disposed of.

I.A. 36275/2024 (Application seeking leave to file additional documents) 5. This is an application under Order XI Rule 1(4) read with 151 CPC as amended by the Commercial Courts Act, 2015, seeking leave to file additional documents.

6. 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.

7. The application is disposed of, with the aforesaid directions I.A. 36276/2024 (Application seeking exemption from undergoing Pre- Institution Mediation)

8. 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.

9. Accordingly, the application stands disposed of.

I.A. 36277/2024 (Application seeking extension of time to file Court fees) 10. The present is an application filed by the plaintiffs under Section 149 read with Section 151 CPC seeking extension of time to file Court Fees.

11. It is submitted that the requisite court fees shall be filed within a period of ten days from today.

12. Liberty is so granted.

13. Let the needful be done by the plaintiffs within the time granted.

Page 2 of 22

14. With the aforesaid liberty, the present application is disposed of.

I.A. 36278/2024 (Application for filing Certificate under Section 63(4) of Bharatiya Sakshya Adhiniyam, 2023)

15. The present is an application under Section 151 CPC seeking four weeks for filing the Certificate under Section 63(4) of Bharatiya Sakshya Adhiniyam, 2023 (“BSA”).

16. Let the needful be done accordingly.

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

CS(COMM) 682/2024

18. None appears for the defendant despite advance service.

19. Learned counsel appearing for the plaintiffs has drawn attention of this Court to the affidavit of service to submit that a proper service has been done on the defendant.

20. Attention of this Court has been drawn to a document, which is the screenshot from the website of the Ministry of Corporate Affairs, which shows the Email Id of the defendant.

21. Accordingly, this Court is satisfied that a valid service has been done upon the defendant.

22. Thus, it is noted that none appears for the defendant despite valid service.

23. Let the plaint be registered as suit.

24. Upon filing of the process fee, issue summons to the defendant by all permissible modes. Summons shall state that the written statement be filed by the defendant within thirty days from the date of receipt of summons. Along with the written statement, the defendant shall also file affidavit of admission/denial of the plaintiffs’ documents, without which, the written Page 3 of 22 statement shall not be taken on record.

25. 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 defendant, 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 t

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