Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)893/23
PAWAN GARG Vs. SAURABH RAWLLEY AND Anr
06.06.2023
Present: Counsel Mr. M.K. Miglani for plaintiff.
An application under sec.12A of Commercial Courts
Act 2015 has been moved by plaintiff through counsel praying for
exemption from complying with the provisions of Sec.12A of
Commercial Courts Act 2015.
Heard.
Perused the record.
As per Commercial Courts Act, 2015 if any urgent
relief is prayed by plaintiff at the time of filing of suit, it is not
mandatory for plaintiff to go for pre-institution remedy of
mediation. In view of urgent interim relief, there is no legal
requirement of availing the remedy of pre litigation mediation.
In view of submissions made by Ld. Counsel for
plaintiff and averments made in application which is duly supported
by affidavit, application under section 12A of Commercial Courts
Act stands allowed and requirement of pre- institution mediation is
dispensed with.
Plaintiff has also filed an application u/o 11 rule 1(4)
read with section 151 CPC seeking leave to file additional
documents. The plaintiff vide this application is seeking a blanket
order in respect of additional documents at appropriate stage. The
ground given is that the suit has been filed urgently and some
documents might have been left over or are not in power,
possession, control and custody of the plaintiff at this moment.
The plaintiff is given permission to file additional
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documents within 30 days from filing of suit i.e. 02.06.2023, failing
which no fresh documents shall be taken on record. The plaintiff
shall also get these additional documents served upon the defendant
along with summons. Application stands disposed off.
Plaintiff has also filed applications u/o 39 rule 1 and 2
CPC.
Let summons of the suit and notice of application u/o
39 rule 1 and 2 CPC be issued to the defendants vide PF/RC, speed
post and through approved courier for 11.07.2023.
The process fee for issuance of summons be filed
within 7 working days.
The summons shall indicate that written statement must
be filed within 30 days from the date of receipt of summons. It may
also clarified in the summons that under no circumstance more than
120 days shall be provided for filing written statement. The
defendants shall also file statement of truth and affidavit of
admission/denial of documents filed by the plaintiff in terms of
Order 11 Rule 4 CPC as amended by schedule of Commercial
Courts Act. The plaintiff may file replication to the written
statement within 15 days of receiving a copy thereof.
An unjustified denial of documents of delay in timeline
may lead to imposition of costs against the party concerned.
Parties or their representatives shall appear in person
on the next date of hearing.
(ANURADHA SHUKLA BHARDWAJ)
District Judge (Commercial Court)-04
Central/Delhi/06.06.2023
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