2025 Supreme(Online)(Del) 9125
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J
Matter Motor Works Private Limited – Appellant
Versus
Hero Motocorp Limited – Respondent
CS(COMM) 1183/2025 | I.A. 27596/2025 | I.A. 27597/2025 | I.A. 27598/2025 | I.A. 27599/2025 | I.A. 27600/2025
For the Appellants/Petitioners: Chander Lall, Ankur Sangal, Ankit Arvind, Sauhard Alung, Bhuvan Malhotra, Annanya Mehan
For the Respondents: Sandeep Sethi, Saikrishna Rajagopal, Kanishk Kumar, Deepika, Priyansh Kohli, Abhinav Bhalla, Krisna Gambhir
The court reaffirmed that urgency for interim relief justifies exemption from mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, while maintaining strict timelines for filing documents and court fees.
Headnote:(A) Pre-Institution Mediation - Urgent Interim Relief - Exemption from mandatory pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 is grantable where the suit contemplates urgent interim relief. (Para 13)
(B) Procedural Compliance - Additional Documents and Court Fees - Leave to file additional documents under Order XI Rule 1(4) CPC and extensions for payment of court fees under Section 149 CPC are subject to strict adherence to the Commercial Courts Act and High Court Rules. (Para 5, 10)
I.A. 27600/2025 (for exemption)
1. This is an application under Section 151 of the Code of Civil Procedure, 1908 [‘CPC’], on behalf of the plaintiff seeking exemption from filing clearer copies and translated copies of documents.
2. Subject to the plaintiff filing the clearer copies and translated copies of the documents sought to be relied upon within two (2) weeks from today, exemption is granted for the present.
3. Accordingly, the application is disposed of.
I.A. 27599/2025 (for additional documents)
4. This is an application filed by the plaintiffs under Order XI Rule 1(4) of CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)], seeking leave to file additional documents.
5. The plaintiff, if it wishes to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 (‘DHC Rules’).
6. For the reasons stated in the application, the same is allowed.
7. Accordingly, the application is disposed of.
I.A. 27598/2025 (seeking extension of time for filing Court Fees)
8. This is an application filed by the plaintiff under Section 149 read with Section 151 of CPC, seeking extension of time for filing Court Fees.
9. Learned senior counsel for the plaintiff states that the court fee shall be deposited within a period of one (1) week from today.
10. The time sought for is granted, failing which the consequences of Order VII Rule 11(b) of CPC shall follow.
11. With the aforesaid directions, the application stands allowed.
I.A. 27597/2025 (seeking exemption for instituting prelitigation mediation)
12. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC, filed by the plaintiff seeking exemption from instituting pre-litigation mediation.
13. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgment of the Supreme Court in Yamini
Manohar v. T.K.D. Keerthi, ((2024) 5 SCC 815), exemption from the requirement of pre-institution mediation is granted to the plaintiff.
14. Accordingly, the application stands disposed of.
CS(COMM) 1183/2025 & I.A. 27596/2025 (Under Order XXXIX Rule 1 and 2 CPC)
15. Let the plaint be registered as a suit.
16. Issue summons.
17. Mr. Saikrishna Rajagopal, Advocate, accepts summons on behalf of defendant. He confirms the receipt of the suit paper-book and waives the right of formal service of summons. He states that he will file his Vakalatnama within one (1) week.
18. Written statement shall be filed within thirty [30] days commencing from today. The written statement will be accompanied with affidavit of admission/denial of documents, failing which the written statement will not be taken on record.
19. Liberty is given to the plaintiff to file replication within thirty [30] days after filing of the written statement. The replications shall be accompanied by affidavits of admission/denial in respect of the documents filed by the defendant, failing which the replications shall not be taken on record.
20. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
21. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
22. Issue notice in I.A. 27596/2025.
23. Mr. Saikrishna Rajagopal, Advocate accepts notice on behalf of the
defendant.
24. Reply to the application be filed within one (1) week. Rejoinder thereto, if any, be filed within one (1) week thereafter.
25. List before the Court on 25.11.2025.