Delhi High Court - Orders
Manan Gupta & Anr vs Pinwheel Publications & Ors on 25 September, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1025/2025, CAV 376/2025 & I.A. 24186-24192/2025
MANAN GUPTA & ANR. .....Plaintiffs
Through: Ms. Swathi Sukumar, Sr. Adv. with
Mr. Dhruv Anand, Mr. Achuthan
Srrkumar, Ms. Udita Patro, Mr.
Dhananjay Khanna, Ms. Nimrat
Singh, Advocates
versus
PINWHEEL PUBLICATIONS & ORS. .....Defendants
Through: Mr. Lalit Gupta, Mr. Neil Mason, Mr.
Ankit Rastogi, Mr. Pankaj Kumar,
Mr. Kritik Verma, Advs. for D-1 to 4
with D-1 to 4 in person.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 25.09.2025 I.A. 24190/2025
1. This is an application filed by the plaintiff under Section 149 of the Code of Civil Procedure, 1908 ('CPC').
2. Learned senior counsel for the plaintiff states that Court fees stand deposited and the Court fee certificate will be filed within three (3) days.
3. The time sought by the plaintiff is extended.
4. The application stands disposed of.
I.A. 24189/2025 (for exemption)
5. This is an application filed by the plaintiff seeking exemption from filing clear copies of the documents, which have been filed with the suit.
6. Subject to the plaintiff filing clear copies of the dim documents within four weeks from today, exemption is granted for the present.
CS(COMM) 1025/2025 Page 1 of 5This 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 29/09/2025 at 23:06:00
7. Accordingly, the captioned I.A stands disposed of. I.A. 24188/20252025 (Application under Order XI Rule 1 CPC)
8. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ('Commercial Courts Act')] read with Section 151 CPC, within thirty (30) days.
9. The Plaintiffs, if wishes to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ('DHC Rules').
10. For the reasons stated in the application, the same is allowed.
11. Accordingly, the application is disposed of. I.A. 24191/2025(application under Section 12A of the Commercial Courts Act, 2015 seeking exemption from institution of pre-litigation mediation)
12. Learned counsels for the parties state that parties have been embroiled in litigation.
13. It is stated that Plaintiff and defendant nos. 2 to 6 are already in mediation before the Delhi High Court Mediation and Conciliation Centre, however, defendant nos. 1 and 7 are not a party to the mediation. It is stated that defendant nos. 1 and 7 are the contesting parties.
14. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiff.
15. Accordingly, the application stands disposed of.
1(2024) 5 SCC 815 CS(COMM) 1025/2025 Page 2 of 5 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 29/09/2025 at 23:06:00 I.A. 24192/2025(application under Section 151 CPC seeking time for filing the required certificate)
16. This is an application filed by the plaintiffs seeks to file the required Certificate under Section 63 (4) (c) of the Bharatiya Sakshiya Adhiniyam, 2024.
17. The plaintiffs are granted four (4) weeks' time to file the said certificate.
18. The application is disposed of.
CS(COMM) 1025/2025, I.A. 24187/2025 and I.A. 24186/2025
19. Let the plaint be registered as a suit.
20. This Court has heard the parties briefly and was of the prima facie view that since plaintiff and defendant nos. 2 to 6 are already in arbitration proceedings against each other, which is pending before DIAC and presided by Retd. Judge of the High Court; the issues arising in the plaint have a direct bearing on the claims raised by the plaintiffs herein in the said arbitration proceeding.
21. Plaintiffs in the statement of claims filed before the Arbitrator have raised pleas which are raised in the suit. It was therefore observed that that defendant no. 1 as well could be referred to the same arbitration for a comprehensive adjudication of the disputes.
22. Learned counsel appearing on behalf of defendant nos. 1 to 4 states on instructions that defendant nos. 1 to 4 are willing to have defendant no. 1 as well arrayed as a party to the arbitration proceedings and have the plaintiffs claims raised in this suit adjudicated in those proceedings.
23. He states that on behalf of defendant nos. 5 and 6, he will take instructions on their consent to impleadment of defendant no. 1 in the CS(COMM) 1025/2025 Page 3 of 5 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 29/09/2025 at 23:06:00 arbitration, within one (1) week.
24. He states that with respect to defendant no. 7, he is merely an agent of defendant nos. 1 and defendant no. 7 will abide by any order passed against defendant nos. 1 to 6 in the arbitration proceedings. He states that an undertaking to this effect on behalf of defendant no. 7 will also be filed before the next date of hearing.
25. In response, learned senior counsel for the plaintiff states that plaintiffs have considered the aforesaid submission of defendant nos. 1 to 4 and 7, however they are not amenable to have defendant no. 1 arrayed as a party to the arbitration.
26. In view of the aforesaid stand taken by the plaintiff declining to consent to the impleadment of defendant no. 1 in the arbitration proceedings, let the plaint be registered.
27. Issue summons in the suit and notice in these applications.
28. Learned counsel appearing on behalf of defendant nos. 1 to 4 accepts summons. He confirms receipt of the entire paper-book and waives service of formal summons. He states that he will file his vakalatnama within one week.
29. The defendant nos. 1 to 4 shall file written statement and replies to the applications within thirty (30) days from today. The defendant shall also file affidavits of admission/denial of the documents filed by the plaintiff, failing which the written statements shall not be taken on record.
30. Upon steps being taken by the plaintiff, issue summons in the suit and notice in these applications to defendant nos. 5, 6 and 7.
31. Summons be issued to Defendant nos. 5, 6 and 7 by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) CS(COMM) 1025/2025 Page 4 of 5 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 29/09/2025 at 23:06:00 weeks.
32. The summons shall indicate that the written statement(s) must be filed within thirty (30) days from the date of receipt of the summons. The Defendants shall also file affidavits of admission/denial of the documents filed by the Plaintiffs, failing which the written statement(s) shall not be taken on record.
33. The notice shall indicate that the reply to this application be filed within two (2) weeks. Rejoinder thereto, be filed within two (2) weeks thereafter.
34. The plaintiff is at liberty to file replication and rejoinder to the applications thereto within thirty (30) days after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by defendant nos. 1 to 7, failing which the replication shall not be taken on record.
35. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
36. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
37. List before the learned Joint Registrar (J) for completion of service and pleadings, marking of exhibits and admission/denial of documents on 28.10.2025.
38. List before the Court on 02.12.2025.
MANMEET PRITAM SINGH ARORA, J SEPTEMBER 25, 2025/mt CS(COMM) 1025/2025 Page 5 of 5 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 29/09/2025 at 23:06:00