M R Pipes Pvt Ltd vs Rcc Eco Build Systems Ltd on 10 March, 2022

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Delhi High Court - Orders

M R Pipes Pvt Ltd vs Rcc Eco Build Systems Ltd on 10 March, 2022

Bench: Mukta Gupta

                          $~32
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 154/2022
                                I.A.3888/2022 (Order XXXIX Rule 1 & 2 CPC)

                                M R PIPES PVT LTD                                 ..... Plaintiff
                                          Represented by:        Mr. Rajesh Mahindru,
                                                                 Advocate.
                                                    versus

                                RCC ECO BUILD SYSTEMS LTD           ..... Defendant
                                         Represented by: Mr. Kanishk Aggarwal,
                                                         Advocate.
                                CORAM:
                                HON'BLE MS. JUSTICE MUKTA GUPTA
                                         ORDER

% 10.03.2022 I.A.3887/2022 (for exemption)

1. Exemption allowed subject to just exceptions.

2. Application is disposed of.

I.A.3889/2022 (Section 12A Commercial Court Act - exemption from Pre Litigation Mediation)

1. By this application the plaintiff seeks exemption from pre litigation mediation.

2. In view of the urgency arising in the matter plaintiff is exempted from pre litigation mediation in view of the apprehension of the disposal of the property expressed in the petition.

3. Application is disposed of.

CS(COMM) 154/2022 I.A.3888/2022 (Order XXXIX Rule 1 & 2 CPC)

1. Plaint be registered as suit.

Signature Not Verified Signed By:JUSTICE MUKTA CS(COMM) 154/2022 Page 1 of 2 GUPTA Signing Date:14.03.2022 18:51:29

2. Issue summons in the suit and notice in the application in the prescribed format to the defendant. Learned counsel for defendant enters appearance.

3. Learned counsel for the plaintiff will file necessary applications for summons on judgment within 15 days.

4. Learned counsel for the defendant states that in the meantime he will seek instructions from the defendant.

5. In view of the apprehension expressed, till the next date of hearing no third party rights will be created in the two properties mentioned in the prayer clause, that is, factory at Gokulam NH2, Agra Mathura Road, Agra-2822001, and Property No.3A, Manglik Colony, Vibha Nagar, Agra-2822001.

6. List on 4th April, 2022.

7. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

MARCH 10, 2022 vk Signature Not Verified Signed By:JUSTICE MUKTA CS(COMM) 154/2022 Page 2 of 2 GUPTA Signing Date:14.03.2022 18:51:29

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Delhi High Court - Orders