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2026 Supreme(Online)(Del) 670
IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J
Havells India Limited – Appellant
Versus
Shenzhen Reolink Technology Co Ltd – Respondent
CS(COMM) 16/2026
For the Appellants/Petitioners: Sudeep Chatterjee, Kunal Vats, Shitanshu Abhishek
For the Respondents: Sharabh Srivastava, Taniya Dogra, Anushka Aman, Manas Raghuvanshi
The requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, is not mandatory in cases where urgent interim relief is sought, as per established judicial precedents.
Headnote:The present suit concerns an application for exemption from pre-institution mediation under the Commercial Courts Act, 2015. The court addressed the maintainability of the exemption request in the context of urgency and established judicial precedents holding that urgent interim relief warrants a waiver of the mediation requirement. Consistent with the principles laid down by the Supreme Court and the Division Bench, the court granted the exemption and proceeded with the initial registration and issuance of summons. The primary issue was whether the requirement of pre-institution mediation under S.12A of the Commercial Courts Act, 2015, could be waived given the claim for urgent interim relief. Relying on settled law, the court reasoned that the legislative intent behind the Act does not preclude immediate judicial intervention when there is an exigency for interim orders. The ratio decidendi rests on the established flexibility of the court to grant exemptions where the statutory mandate of mediation would defeat the purpose of urgent protection. The application for exemption from pre-institution mediation is allowed, and the suit is registered with notice issued to the defendants.
| Table of Content |
|---|
| 1. exemption from mediation in urgent commercial litigation. (Para 1 , 2 , 3 , 4 , 5) |
| 2. procedures for filing documents and service-related applications. (Para 6 , 7 , 8 , 9) |
| 3. case registration, summons issuance, and deadlines for pleading. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. process for ad-interim injunction applications. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
O R D E R
I.A. 602/2026 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
I.A. 603/2026 (u/S 12A Commercial Courts Act, 2015 r/w Section 151 CPC)
3. This application is filed on behalf of the Plaintiff seeking exemption from Pre-Institution Mediation.
4. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi , (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd. , 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from Pre-Institution Mediation.
5. Application is allowed and disposed of.
I.A. 604/2026 (u/O XI Rule 1(4) r/w Section 151 CPC)
6. This application is filed on behalf of the Plaintiff for filing the additional documents under Order XI Rule 1(4) read with Section 151 CPC.
7. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per provisions of Commercial Courts Act, 2015.
8. Application is allowed and disposed of.
I.A. 605/2026 (exemption from advance service)
I.A. 606/2026 (u/R 22 of the Delhi High Court IPR Division Rules, 2021 r/w Section 151 CPC for exemption from advance service)
9. On account of appearance on behalf of Defendant No.1, this application is rendered infructuous and is accordingly disposed of.
CS(COMM) 16/2026
10. Let plaint be registered as a suit.
11. Issue summons.
12. Learned counsels, as above, accept summons on behalf of Defendants No. 1 and 5.
13. Written statements shall be filed by Defendants No. 1 and 5 within 30 days along with affidavits of admission/denial of the documents filed by the Plaintiff.
14. It will be open to the Plaintiff to file replications within 30 days from receipt of the written statements along with affidavits of admission/denial of documents filed by Defendant No. 1 and Defendant No. 5.
15. Upon filing of process fee, issue summons to the remaining Defendants, through all permissible modes, returnable before the learned Joint Registrar on 13.03.2026.
16. Summons shall state that the written statements shall be filed by the remaining Defendants within 30 days from the receipt of summons along with affidavits of admission/denial of the documents filed by the Plaintiff.
17. It will be open to the Plaintiff to file replications within 30 days from receipt of the written statements along with affidavits of admission/denial of documents filed by the remaining Defendants.
18. If any of the parties wish to seek inspection of any documents, the same be done in accordance with Delhi High Court (Original Side) Rules, 2018.
19. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits.
I.A. 601/2026
20. This application is filed on behalf of the Plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 CPC for grant of an ex-parte ad-interim injunction.
21. Issue notice.
22. Mr. Sharabh Srivastava, learned counsel accepts notice on behalf of Defendant No. 1.
23. Mr. Manas Raghuvanshi, learned counsel accepts notice on behalf of Defendant No. 5.
24. Replies be filed within two weeks from today.
25. Rejoinders, if any, be filed before the next date of hearing.
26. Issue notice to the remaining Defendants, through all permissible modes, returnable before Court on 06.02.2026.
