Delhi High Court - Orders
One97 Communications Ltd vs Radical Minds Technologies Pvt Ltd on 21 July, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 4/2024 & I.A. 126/2024, I.A. 44395/2024
ONE97 COMMUNICATIONS LTD .....Plaintiff
Through: Mr. Aman Nandrajog and Mr. Dhruv
Wadhwa, Advocates.
versus
RADICAL MINDS TECHNOLOGIES PVT LTD .....Defendant
Through: Ms. Pragya Ohri, Ms. Kanika
Kumar, Ms. Aditi Soni, Mr.
Sachin Rastogi & Mr. Ratan
Kanawat, Advs. for defendant.
Ms. Ritika Sisodia, proxy counsel for
non-applicant-HDCF Bank.
Ms. Aditi, Advocate for Non-
applicant-ICICI Bank.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 21.07.2025 I.A. 126/2024 (Application filed by the Plaintiff under Order XI Rule 5 of the Code of Civil Procedure, 1908 as applicable to Commercial Disputes, read with Section 151 of the Code of Civil Procedure, 1908 seeking production of documents)
1. Notice in the present application was issued vide order dated 04.01.2024.
2. Learned counsel appearing on behalf of Non-Applicants/Banks seeks time to file a reply.
3. They may do so within a period of two (2) weeks.
4. List on 06.11.2025.
I.A. 44395/2024 (Application under Order VII Rule 11 of the Code Of Civil 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 23/07/2025 at 22:02:00 Procedure, 1908 on behalf of the Plaintiff seeking rejection of the Counter- Claim dated 14.05.2024 preferred by the Defendant)
5. The present application has been filed by the Plaintiff seeking rejection of the Counter-Claim dated 14.05.2024 filed by Defendant on the ground that the Defendant has not complied with the mandatory condition of pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015.
6. Learned counsel for the Plaintiff states that the Counter-Claim has not been numbered as a separate suit as yet.
7. Section 12A of the Commercial Courts Act, 2015 is a mandatory provision for mediation in respect of all commercial suits.
8. In this Court's opinion, this is not a fit case where the mandate under 12A of the Commercial Courts Act, 2015, of pre-institution mediation between the parties should be dispensed with. Therefore, it would be appropriate, if the parties are relegated to mediation as envisaged under Section 12A of the Commercial Courts Act, 2015, before proceeding further with the case
9. In view of the fact that the Defendant has not initiated the pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015, the counsel for the Plaintiff relies upon the judgement of the Co-ordinate Bench of this Court in Aditya Birla Fashion and Retail Limited v. Saroj Tandon1 to contend that the same is not maintainable.
10. Learned counsel for Defendant states that Defendant is ready and willing to have the matter referred to the Delhi High Court Mediation and Conciliation Centre ('Mediation Centre'). She states that since the Counter- Claim has not yet been registered, the provision of Section 12A of the 1 2024 SCC OnLine Del 6099.
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 23/07/2025 at 22:02:00 Commercial Courts Act, 2015 can be complied with.
11. Learned counsel for the Plaintiff states, on instructions that the Plaintiff is willing to be referred to mediation.
12. Accordingly, the following directions are passed:
i. The defendant/counter-claimant is directed to take steps in terms of Section 12A of the Commercial Courts Act, 2015 for initiation of the pre-institution mediation.
ii. The matter is referred to Delhi High Court Mediation and Conciliation Centre ('Mediation Centre'). iii. List before the Mediation Centre on 31.07.2025 at 3:30 PM.
13. All rights and contentions of all the parties shall remain open in the event, the mediation is not successful and the counter-claim is revived.
14. List before the Court for reporting the outcome of meditation on 06.11.2025.
MANMEET PRITAM SINGH ARORA, J JULY 21, 2025/mr 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 23/07/2025 at 22:02:00