Delhi High Court - Orders
Exclusive Capital Limited vs Clover Media Private Limited & Ors on 1 July, 2025
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 399/2025, I.A. 10950/2025, I.A. 10951/2025 & I.A
14993/2025
EXCLUSIVE CAPITAL LIMITED .....Plaintiff
Through: Mr. Harish Malhotra and Mr. Dayan
Krishnan, Sr. Advs. with Mr. Apoorv
Agarwal, Mr. Manav Goyal and Ms.
Ritika Gusain, Advs.
versus
CLOVER MEDIA PRIVATE LIMITED & ORS. .....Defendants
Through: Mr. Rajiv Nayar, Sr. Adv. with Mr.
Sanyam Khetarpal and Ms. Lisa
Sankrti, Advs. for D-2.
Mr. Sidhant Kumar, Ms. Manyaa
Chandok, Ms. Ekksha Kashyap, Mr.
Pratyush Shrivastava and Dr.
Rajeshwar Singh, Advs. for D-4.
Mr. Jayant Mehta, Sr. Adv. with Mr.
Dhiraj Kumar Totala, Mr. Raghav
Chadha, Mr. Nishant Upadhyay and
Mr. Akash, Advs. for applicant in I.A.
14993/2025.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 01.07.2025 I.A. 10952/2025 (filed by the plaintiff seeking exemption from pre- institution mediation under Section 12A of the Commercial Courts Act, 2015)
1. Heard.
2. Mr. Rajiv Nayar, learned senior counsel appearing on behalf of the 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 03/07/2025 at 21:31:42 defendants assails the maintainability of the instant plaint for non- compliance of Section 12A of the Commercial Courts Act, 2015. To substantiate his position, he has placed reliance on the decisions of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1 and Patil Automation (P) Ltd. v. Rakheja Engineers (P) Ltd.2
3. It is also pertinent to note that this Court, in the case of M/S R.K. Associates & Hoteliers pvt ltd v. Capital Equipment India, in W.P.(C) 1178/2024, vide order dated 09.01.2025, has rejected a civil suit for non- compliance of Section 12A of the Commercial Courts Act, 2015.
4. However, Mr. Harish Malhotra and Mr. Dayan Krishnan, learned senior counsel who appear for the plaintiff, submit that in view of the decision rendered in Dhanbad Fuels (P) Ltd. v. Union of India3, the instant civil suit is maintainable, more importantly, in view of the urgency expressed by the plaintiff.
5. Reserving all rights and contentions, the Court, at this stage, deems it appropriate to issue notice on this application.
6. Issue notice.
7. Learned counsel appearing for defendant No.2 and defendant No.4 accept notice.
8. On the plaintiff taking necessary steps, let notice be issued to defendant Nos.1 and 3 through all permissible modes, returnable on 21.07.2025.
9. Let the defendants to take instructions and to file a reply.
10. Mr. Jayant Mehta, learned counsel appearing for DBS Bank India 1 (2024) 5 SCC 815 2 (2022) 10 SCC 1 3 2025 SCC OnLine SC 1129 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 03/07/2025 at 21:31:42 Limited, appears to have filed an application bearing no. I.A. 14993/2025.
11. Since the Court has not taken cognizance of the civil suit, therefore, the hearing of this application will have to be deferred.
12. List on 21.07.2025.
PURUSHAINDRA KUMAR KAURAV, J JULY 01, 2025/p/sp Click here to check corrigendum, if any 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 03/07/2025 at 21:31:42