Delhi High Court - Orders
M/S Ofb Tech Private Limited & Ors vs Mr. Kuldeep Chhallani Jain & Ors on 28 May, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 364/2025 & I.A. 13790/2025
M/S OFB TECH PRIVATE LIMITED & ORS. .....Plaintiff
Through: Ms. Shyel Trehan, Sr. Adv. with Mr.
Sameer Abhyankar, Ms. Vidhi Jain
and Ms. Ripul Swati Kumari, Advs.
versus
MR. KULDEEP CHHALLANI JAIN & ORS. .....Defendants
Through: Mr. Parmesh Bali, Adv. for D-1 and
D-2 with D-1 in person
Mr. Abhishek Kumar Singh and Ms.
Rose Maria, Advs. for D-7 (through
vc)
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 28.05.2025
CS(OS) 364/2025
1. The present suit has been filed for declaration, permanent and mandatory injunction along with damages and compensation on account of defamation.
Direction for Amended memo of parties
2. At the outset, learned Senior Counsel for the Plaintiffs states that Defendant No. 3 be deleted from the array of parties since it is not a juristic person; and since its proprietor Defendant No. 1 is already a party. Accordingly, on the oral prayer, Defendant No. 3 is hereby deleted from the array of parties.
3. Mr. Abhishek Kr. Singh, learned counsel appearing on behalf of Defendant No. 7 submits that the name of the entity is incorrect in the memo CS(OS) 364/2025 Page 1 of 4 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 27/06/2025 at 22:22:11 of parties and he has handed over the particulars of the correct juristic entity to the learned counsel for the Plaintiffs. Learned counsel for the plaintiff states that appropriate correction has been carried out in the memo of parties.
4. The plaintiff is directed to file an amended memo of parties within one (1) week.
Issuance of Summons
5. Let the plaint be registered as a suit.
6. Issue summons. Mr. Parmesh Bali, learned counsel enters appearance on behalf of Defendant Nos. 1 and 2 along with Defendant No. 1 in person. He accepts summons and waives formal service of summons on behalf of Defendant Nos. 1 and 2.
6.1. He seeks time to file his written statement. It is ordered accordingly and the same may be done within 30 days from today along with affidavit of admission/denial of documents.
7. Upon steps being taken by the Plaintiffs, issue summons to Defendant Nos. 4, 5 and 6 by all permissible modes. Affidavit of service be filed within two (2) weeks.
8. The summons shall indicate that written statement(s) must be filed within thirty (30) days from the date of receipt of summons.
9. 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.
10. The Plaintiffs are at liberty to file replication(s) thereto within thirty (30) days after filing of the written statement(s). The replication(s) shall be accompanied by affidavit of admission/denial in respect of the documents CS(OS) 364/2025 Page 2 of 4 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 27/06/2025 at 22:22:11 filed by the Defendants, failing which the replication(s) shall not be taken on record.
11. Since, Defendant No. 7 is only a proper party and the relief of damages has not been sought against Defendant No. 7, hence, no direction for filing of the written statement is being issued qua Defendant No.7.
12. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
13. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
14. List before JR on 01.08.2025.
15. List before the Court on 16.10.2025.
I.A. 13790/2025 (Application on behalf of the Plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. 1908)
16. This is an application filed by the Plaintiffs under Order XXXIX Rules 1 and 2 Civil Procedure Code, 1908 ('CPC').
17. Learned counsel for Defendant No. 1 states that Defendant No. 1 has approached the Plaintiffs for settling its claims of Rs. 27.50 lakhs which was admitted by the Plaintiffs and the Plaintiffs have failed to pay the same.
18. Learned Senior Counsel for the Plaintiffs states that the Plaintiffs have already issued a reply to the legal notice disputing their claims.
19. After some arguments, learned Senior Counsel for the Plaintiffs and the Defendants both submit that the parties may be referred to mediation.
20. Without prejudice to the rights and contentions of the parties, the parties are referred to mediation, with a request to the Mediation Centre to appoint a Senior Mediator to preside over the Mediation sessions.
CS(OS) 364/2025 Page 3 of 4This 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 27/06/2025 at 22:22:11
21. List before the Mediation Centre tomorrow i.e., 29.05.2025 at 12:30 P.M.
22. The Defendant No. 1 will be at liberty to join the mediation proceedings through video conferencing.
23. The obligation of Defendant Nos. 1 and 2 to file the written statement shall commence after the mediation proceedings have concluded. The learned mediation is requested to conclude the proceedings expeditiously.
24. List before the Court on 16.10.2025.
25. Copy of the Order be sent to the Organizing Secretary of the Delhi High Court Mediation & Conciliation Centre for information and compliance.
26. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J MAY 28, 2025/msh Click here to check corrigendum, if any CS(OS) 364/2025 Page 4 of 4 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 27/06/2025 at 22:22:11