$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1304/2025 SUEZ INTERNATIONAL & ORS. .....Plaintiffs Through: Ms. Saya Choudhary, Mr. Sajan Shankar, Mr. Partheshwar Singh &

Mr. Vishambher Bareja, Advocates.

Versus ASHOK KUMAR / JOHN DOE & ORS. .....Defendants Through: Mr. Aditya Gupta, Advocate for D-5.

Mr. Hardik Malik, Advocate for D-6.

Mr. Satya Ranjan Swain, Mr. Kautilya Birat, Mr. Ankeesh Kapoor & Mr.

Vishwadeep, Advocates for D-7 to 9.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 08.12.2025 IA Nos. 30614/2025, 30615/2025 & 30616/2025

1. For the reasons stated in the Applications, the same are allowed.

2. The Applications stand disposed of.

I.A. No.30610/2025 (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.

I.A. No.30611/2025 (Exemption from advance service to Defendant Nos.7,8,9&13)

6. The Plaintiffs have filed the present Application under Section 80(2) read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking exemption from serving prior notice under Section 80 of the CPC to Defendant Nos. 7 to 9 and 13.

7. For the reasons stated in the Application, the same is allowed.

8. The Application stands disposed of.

I.A. No.30612/2025 (Exemption from advance service to Defendant No.1) 9. This is an Application filed by the Plaintiffs under Section 151 of the CPC seeking exemption from advance service to Defendant No. 1.

10. In viewof the factthat the Plaintiffshave sought anurgent ex-partead- interim injunction, the exemption from advance service to Defendant No. 1 is granted.

11. The Application is disposed of.

CS(COMM) 1304/2025

12. Let the Plaint be registered as a Suit.

13. Issue Summons. The learned Counsel appearing for Defendant Nos. 5, 6 and 7 to 9 accept Summons.

14. Let Summons be served to the remaining Defendants through all permissible modes upon filing of the Process Fee.

15. The Summons shall state that the Written Statement(s) shall be filed by the Defendant(s) within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendant(s) shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.

16. Liberty is granted to the Plaintiffs to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendant(s) be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.

17. 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.

18. IfanyofthePartieswishtoseekinspectionofanydocuments,thesame shall be sought and given within the prescribed timelines.

19. List before the learned Joint Registrar on 02.02.2026 for completion of service and pleadings.

IA No.30613/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

20. 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.

21. 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.

22. Accordingly, the Application stands disposed of.

I.A. No.30609/2025 (U/O XXXIX Rule 1 & 2 of CPC)

23. Issue Notice. The learned Counsel appearing fo