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2024 Supreme(Online)(DEL) 4452
HIGH COURT OF DELHI
Mini Pushkarna, J
GURBAAZ PRATAP SINGH MANN – Appellant
Versus
KUNWAR RAGHAV BHANDARI AND ORS – Respondent
CS(COMM) 700/2024
NIKHIL PALLI
The court granted exemptions for document submissions and mediation, emphasizing compliance with procedural rules in commercial litigation.
Headnote:(A) Code of Civil Procedure, 1908 - Section 151 - Commercial Courts Act, 2015 - Section 12A - Exemption from filing clear copies of documents and undergoing Pre-Institution Mediation granted - Plaintiff directed to file legible copies of documents and allowed to file additional documents as per rules - Electronic records may be submitted in a pen drive if encrypted. (Paras 1, 8, 15)
(B) Application for leave to file Court Fees - Granted liberty to file within two weeks. (Paras 5, 6)
(C) Suit registered and summons issued to defendants - Written statement to be filed within thirty days along with affidavit of admission/denial. (Paras 18, 20)
Facts of the case:
The plaintiff sought various exemptions and permissions regarding document submissions and mediation requirements in the context of a commercial suit. The court addressed these applications sequentially, granting the necessary exemptions and directions.
Findings of Court:
The court granted exemptions from filing certain documents, allowed electronic submissions, and set timelines for the defendants to respond to the suit.
Issues: The main issues included the plaintiff's requests for exemptions from filing clear copies of documents and undergoing mediation, as well as the procedures for submitting electronic evidence.
Ratio Decidendi: The court emphasized the importance of compliance with procedural rules while allowing exemptions where justified, particularly in commercial litigation. The court also clarified the process for submitting electronic records.
Result: Applications disposed of with directions.
O R D E R
I.A. 36775/2024 (Exemption from filing 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 plaintiff, seeking exemption from filing clearer, typed copies, vernacular and originals of certain documents.
2. Exemption is granted, subject to all just exceptions. CS(COMM) 700/2024 Page 1 of 4
3. Plaintiff shall file legible, clear, and translated copies of the documents, on which the plaintiff may seek to place reliance, before the next date of hearing.
4. Accordingly, the present application is disposed of.
I.A. No. 36778/2024 (Application seeking leave to file Court Fees within two weeks on behalf of the plaintiff)
5. Learned Senior Counsel appearing for the plaintiff submits that the Court fees shall be filed within a period of two weeks.
6. Liberty is so granted.
7. With the aforesaid directions, the present application is disposed of. I.A. 36776/2024 (Exemption from instituting Pre-litigation Mediation)
8. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.
9. 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.
10. Accordingly, the application stands disposed of.
I.A. 36774/2024 (Application seeking leave to file additional documents) 11. This is an application under Order XI Rule 1(4) read with Section 151 CPC as amended by the Commercial Courts Act, 2015, seeking leave to file additional documents.
12. The plaintiff, if it wishes to file additional documents at a later stage, CS(COMM) 700/2024 Page 2 of 4 shall do so strictly as per the provisions of Commercial Courts Act, 2015, and the Delhi High Court (Original Side) Rules, 2018.
13. With the aforesaid directions, the application is disposed of.
I.A. No. 36777/2024 (Application seeking leave to file certain documents in pen drive)
14. The present is an application filed on behalf of the plaintiff under Section 151 CPC seeking leave to file certain documents in a pen drive.
15. Rule 24 of Chapter-XI of the Delhi High Court (Original Side) Rules, 2018, make it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said Rule is extracted as below:
“24. Reception of electronic evidence - A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry. The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872.”
16. Accordingly, Registry may receive electronic record in a pen drive, so long as it is encrypted with a hash value or in any other non-editable format. The pen drive containing video recordings, be placed in the electronic record of the present suit, in a format which is non-editable, so that the
