Order 2

Order Details: COPY OF ORDER
Pdf Text: 13
CS (COMM) 16/2026
VIKAS JAIN V. SUBHASH CHANDER
31.01.2026
Present: Sh. Vikas Jain, Plaintiff.
Sh. Pankaj Singhal, Ld. Counsel for the plaintiff.
A fresh application under Order 39 Rules 1 & 2 CPC has
been filed on behalf of the plaintiff. Application under Order 12A CC
Act had also been filed seeking exemption from pre-institution
mediation. Submissions have been heard.
The present suit is in respect of injunction, recovery of
arrears of rent/damages, delivery of possession and electricity dues.
The Ld. Counsel for the plaintiff has stated that plaintiff has come to
know that the defendant is in talks with other person to create third
party interest in the suit property. It is stated that the property is not
being used by the defendant. The electricity has also been
disconnected as the defendant has not cleared the bills. The plaintiff
has apprehension that third party interest shall be created in the suit
property.
The application does not state how the plaintiff has
information of intention of the defendant to create third party interest.
It is vaguely stated that he came to know from neighbour without
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specifying the name of the neighbour or the dates when he came to
know about such information. Further, the plaintiff had earlier filed a
suit for possession and for other reliefs in the court of Ld. District
Judge, East. The said suit has been returned as the dispute was
commercial. Upon enquiry, Ld. Counsel states that there was no
injunction granted by the Ld. District Judge. The matter had
proceeded for two and a half years before the plaint was returned.
In the stated circumstances of the case, it appears that the
urgent relief is not urgent and the process of pre-institution mediation
cannot be bypassed. The plaintiff is directed to exhaust the remedy of
pre-institution mediation through DLSA, East. Till then, the present
suit shall stay in abeyance.
Matter be listed on date fixed i.e. 25.03.2026.
(RUBY ALKA GUPTA)
District Judge (Commercial Court)-02
East District/KKD Courts/Delhi
31.01.2026/R
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