Delhi High Court - Orders
Janak Positioning And Surveying ... vs Rahul Choudhary & Ors on 17 April, 2026
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 406/2026, I.A. 10551/2026, I.A. 10552/2026, I.A.
10553/2026, I.A. 10554/2026 & I.A. 10555/2026
JANAK POSITIONING AND SURVEYING SYSTEMS PVT. LTD.
.....Plaintiff
Through: Ms. Manisha Agrawal Narain, Mr.
Amit Kr. Singh and Mr. Manan Soni,
Advocates
Mob: 9971769673
Email: [email protected]
versus
RAHUL CHOUDHARY & ORS. .....Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 17.04.2026 I.A. 10552/2026 (For Exemption)
1. Exemption allowed, subject to all just exceptions.
2. Application is accordingly disposed of.
I.A. 10555/2026 (For Exemption from Advance Service)
3. This is an application under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), filed by the plaintiff seeking exemption from making advance service to the defendants.
4. In view of the reliefs sought by the plaintiff, i.e., appointment of a Local Commissioner, the exemption from effecting service upon the defendants at this stage is granted.
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5. Accordingly, the application stands disposed of I.A. 10554/2026 (Exemption from undergoing Pre-Institution Mediation)
6. The present is an application under Section 12A of the Commercial Courts Act, 2015 ("Commercial Courts Act"), read with Section 151 of the CPC, seeking exemption from undergoing Pre-Institution Mediation.
7. Having regard to the facts of the present case and in the light of the judgment of the Supreme Court in the case of Yamini Manohar Versus T.K.D. Keerthi, 2023 SCC OnLine SC 1382, and the Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption from attempting Pre- Institution Mediation, is granted.
8. Application is accordingly disposed of.
CS (COMM) 406/2026 & I.A 10551/2026
9. Let the plaint be registered as suit.
10. Issue summons to the defendants, through all permissible modes.
11. The summons shall state that the written statement(s) shall be filed by the defendants, within thirty (30) days from the date of receipt of summons. Along with the written statement(s), the defendants shall also file affidavit(s) of admission/denial of the documents of the plaintiff, without which, the written statement(s) shall not be taken on record.
12. Liberty is given to the plaintiff to file replication(s), if any, within thirty (30) days from the receipt of the written statement(s). Along with the replication(s), filed by the plaintiff, the affidavit(s) of admission/denial of the documents of defendants, be filed by the plaintiff, without which, the replication(s) shall not be taken on record.
Page 2 of 7This 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 15/05/2026 at 20:42:51
13. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
14. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.
15. Issue notice in I.A 10551/2026.
16. Reply be filed in four weeks. Rejoinder thereto be filed within two weeks, thereafter.
17. List before the Joint Registrar (Judicial) on 28th May, 2026, for completion of service.
18. List before the Court on 02nd September, 2026. I.A. 10553/2026 (For Appointment of Local Commissioner)
19. The present application has been filed by the plaintiff under Order XXVI Rule 9, read with Section 75 of the CPC, seeking appointment of a Court Commissioner to visit the premises of the defendants.
20. Learned counsel appearing for the plaintiff submits that the plaintiff is a leading service provider in India, engaged in the sale and servicing of Total Stations, GNSS Receivers, DGPS Systems and other surveying and mapping instruments, for over 20 years.
21. She submits that defendant no. 1 joined the plaintiff company on 20th January, 2023, pursuant to acceptance of the offer letter dated 20th January, 2023 and the terms contained therein, which included a non-compete clause. Thus, defendant no. 1 was employed with the plaintiff company.
22. However, defendant no. 1 never disclosed that his brother, i.e., defendant no. 2 was already operating in the same business as the plaintiff company, since the year 2022, under the name of 'CS Tech Survey & Company'. Thus, defendant no. 1 failed to disclose about the on-going Page 3 of 7 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 15/05/2026 at 20:42:51 competition concern, i.e., 'CS Tech Survey & Company', operating in the same business.
23. She further submits that subsequently, the defendant no. 1 tendered his resignation from the plaintiff company on 25th June, 2024 and 05th September, 2024, through E-mail. Accordingly, the services of defendant no. 1 were terminated by the plaintiff company through an E-mail dated 23rd December, 2024.
24. Learned counsel for the plaintiff submits that on 29th November, 2025, an employee of the plaintiff company, i.e., Ms. Kiran Nirwan left the office premises, and took away an office mobile phone, containing confidential data relating to stock, dealers and customers of the plaintiff company, at the behest of the defendants.
25. Subsequently, the plaintiff received security notifications indicating synchronization activity with respect to the said mobile phone, and unauthorized data access.
26. She submits that the said Ms. Kiran Nirwan, tendered her resignation to the plaintiff company, and has also joined the company of defendant nos. 1 and 2.
27. Learned counsel for the plaintiff further submits that the defendants have actively solicited the plaintiff's longstanding clients, including but not limited to, Mr. Vishal Patel Vitthalbhai and Mr. Gaurav Chauhan. In this regard, she has drawn the attention of this Court to the documents, to show that the aforesaid have been the clients of the plaintiff company.
28. She has also drawn the attention of this Court to the WhatsApp message from the defendant no. 1, to one of the clients of the plaintiff, which is reproduced as under:
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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 15/05/2026 at 20:42:51
29. Thus, learned counsel for the plaintiff submits that the defendants are using the confidential information of the plaintiff, including details of the plaintiff's clientele.
30. She submits that a Local Commissioner be appointed to secure the information as being used by the defendants, which actually belongs to the plaintiff company.
31. Accordingly, considering the submissions made before this Court, it is directed as follows:
i. Mr. Viplav Acharya, Advocate (Mob. No.: +91-9971801123) is appointed as the Local Commissioner, with a direction to inspect the computer devices of the defendants, desktops as well as laptops or any other electronic device to take the electronic data containing the information/list of the clients of the defendants, including, with Page 5 of 7 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 15/05/2026 at 20:42:51 respect to the E-mails exchanged between the defendants and their clients. The data shall be copied by the learned Local Commissioner in a drive/pen-drive/DVD, and submit the same in a sealed cover, to this Court.
ii. The learned Local Commissioner shall be permitted to take the assistance of a technical representative of the plaintiff in order to execute the commission.
iii. The defendants are directed to provide complete assistance to the Local Commissioner and to disclose any passwords of its systems in case the devices are password protected, in order to enable the Local Commissioner to inspect the devices of the defendants. iv. The said inspection shall be carried out at the following premises of the defendants:
"821, 8th Floor, Jaina Tower 1, District Centre, Janak Puri, New Delhi"
v. The learned Local Commissioner, along with a representative of the plaintiff and its counsel, shall be permitted to enter upon the premises of the defendants mentioned herein above, or any other location/premises, that may be identified during the course of commission, in order to execute the commission. vi. Both the parties shall provide assistance to the learned Local Commissioner, for carrying out the aforesaid directions. vii. Further, the learned Local Commissioner shall be permitted to undertake/arrange for photography/videography of the execution of the commission.
Page 6 of 7This 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 15/05/2026 at 20:42:51 viii. To ensure an unhindered and effective execution of this order, the Station House Officer ("SHO") of the local Police Station, is directed to render all assistance and protection to the Local Commissioner, as and when sought.
ix. The fee of the learned Local Commissioner, to be borne out by the plaintiff, is fixed at Rs. 2,00,000/- (Rupees Two Lacs Only). The plaintiff shall also bear all other miscellaneous out-of-pocket expenses, for the execution of the commission. The fee of the Local Commissioner shall be paid in advance by the plaintiff. x. The local commission shall be executed within a period of two weeks, from today. The Local Commissioner shall file the report, within a period of two weeks from the date, on which the commission is executed.
32. The learned Local Commissioner shall carry the certified copy of this order for execution of the commission and a copy of the same shall be served upon the defendants by the learned Local Commissioner at the time of the execution of the commission.
33. The order passed today, shall not be uploaded for a period of two weeks, for enabling the execution of the commission.
34. The present application is accordingly disposed of in the aforesaid terms.
35. Dasti under signatures of the Court Master.
MINI PUSHKARNA, J APRIL 17, 2026/SK Page 7 of 7 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 15/05/2026 at 20:42:51