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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1437/2025

HAVANA CLUB HOLDING SA & ORS. .....Plaintiffs

Through: Mr.Hemant Singh,Ms.Mamta R.Jha,

Mr. Sambhav Jain, Ms. Reha Mohan,

Ms. Akanksha Majumdar, Mr. Sidhant

Oberoi & Ms. Sanya Srivastava,

Advocates.

Versus

RATN TILAKRAJ BATRA TRADING AS

STAR SAPPHIRE .....Defendant

Through: Mr. Gaurav Chahal, Advocate.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 24.12.2025

I.A. Nos. 32978/2025, 32977/2025, 32976/2025 and 32975/2025

(Exemptions)

1. Exemptions are allowed, subject to all just exceptions.

2. The Applications stand disposed of.

I.A. No. 32973/2025 (Exemption from pre-institution Mediation)

3. This is an Application filed by the Plaintiffs seeking exemption from

instituting pre-litigation Mediation under Section 12A of the Commercial

Courts Act, 2015 (“CC Act”).

4. As the present matter contemplates urgent interim relief, in light of the

judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023

SCC OnLine SC 1382, exemption from the requirement of pre-institution

Mediation is granted.

5. The Application stands disposed of.

CS(COMM)1437/2025 Page 1 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 20:48:51

I.A. No. 32974/2025 (Extension of time to file Court Fees)

6. The present Application has been filed by the Plaintiffs under Section

149 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”),

seeking exemption from payment of Court Fees at the time of the filing of the

Suit.

7. Considering the submissions made in the present Application, time of

two weeks is granted to deposit the Court Fees.

8. The Application stands disposed of.

CS (COMM) 1437/2025

9. Let the Plaint be registered as a Suit.

10. Issue Summons. The learned Counsel for the Defendant accepts

Summons.

11. Let Written Statement shall be filed by the Defendant within 30 days

from the date of the receipt of Summons. Along with the Written Statement,

the Defendant shall also file an Affidavit of Admission / Denial of the

documents of the Plaintiffs, without which the Written Statement shall not be

taken on record.

12. Liberty is granted to the Plaintiffs to file Replication, if any, within 30

days from the receipt of the Written Statement. Along with the Replication

filed by the Plaintiffs,an Affidavit of Admission / Denial of the documents of

Defendant be filed by the Plaintiffs, without which the Replication shall not

be taken on record.

13. In case any Party is placing reliance on a document, which is not in

their power and possession, its details and source shall be mentioned in the

list of reliance, which shall also be filed with the pleadings.

14. IfanyofthePartieswishtoseekinspectionofanydocuments,thesame

CS(COMM)1437/2025 Page 2 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 20:48:51

shall be sought and given within the prescribed timelines.

15. List before the learned Joint Registrar on 25.02.2026 for completion of

service and pleadings.

IA No. 32972/2025 (O-XI R-1(4) of the CPC)

16. The present Application has been filed on behalf of the Plaintiffs under

Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the

CC Act seeking leave to place on record additional documents.

17. The Plaintiffs are permitted to file additional documents in accordance

with the provisions of the CC Act and the Delhi High Court (Original Side)

Rules, 2018.

18. Accordingly, the Application stands disposed of.

IA No. 32971/2025 (U/O XXXIX Rules 1&2 of the CPC)

19. Issue Notice.

20. The learned Counsel for the Defendant accepts Notice.

21. Let Reply be filed within four weeks. Rejoinder thereto, if any, be

filed within two weeks thereafter.

22. List on 26.02.2026.

TEJAS KARIA, J

DECE