Delhi High Court - Orders
Acc Limited vs Pidilite Industries Limited And Anr on 29 July, 2024
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 600/2024, I.A. 34024/2024, I.A. 34026/2024 & I.A.
34027/2024, 34025/2024
ACC LIMITED .....Plaintiff
Through: Mr. Anirudh Bakhru, Md. Sazid
Rayeen, Ms. Vijay Laxmi and Mr.
Christopher, Advocates
M: 7838499168
versus
PIDILITE INDUSTRIES LIMITED AND ANR. .....Defendants
Through: Mr. Nishad Nadkarni and Mr.
Shashwat Rakshit, Advs. for D-1.
M: 8874643389
Mr. Aditya Gupta, Ms. Aishwarya
Kane and Ms. Asavari Jain, Advs. for
D-2.
M: 9910083144
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 29.07.2024 I.A. 34025/2024 (Seeking exemption from undergoing Pre-Institution Mediation
1. The present is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC") for exemption from undergoing Pre-Institution Mediation.
2. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar versus T.K.D. Keerthi, 2023 SCC OnLine SC 1382, and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 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 31/07/2024 at 02:54:19 2022 SCC OnLine Del 3529, exemption from undergoing Pre-Institution Mediation, is granted.
3. Accordingly, the application stands disposed of. I.A. 34026/2024 (Application seeking leave to file additional documents)
4. The present application has been filed on behalf of the plaintiff under Order XI Rule 1(4) of the CPC, 1908 as amended by Commercial Courts Act, 2015, read with Section 151 CPC, seeking liberty to file additional documents at the appropriate stage.
5. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.
6. Accordingly, the present application is disposed of. I.A. 34027/2024 (Application seeking exemption from filing translated copies, clearer copies/documents with correct margins)
7. The present is an application under Section 151 of CPC seeking exemption from filing translated copies, clearer copies/documents, with correct margins.
8. Exemption is granted, subject to all just exceptions.
9. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance, within four weeks from today, or before the next date of hearing, whichever is earlier.
10. Accordingly, the present application is disposed of. CS(COMM) 600/2024 & I.A. 34024/2024
11. Let the plaint be registered as suit.
12. Issue summons to the defendants.
13. Summons are accepted by learned counsels appearing for the defendants.
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 31/07/2024 at 02:54:19
14. At the outset, learned counsel appearing for defendant no.2 submits that the correct nomenclature of defendant no.2 is Google LLC.
15. Learned counsel appearing for the plaintiff submits that he has no objection to correct the nomenclature of defendant no.2.
16. Accordingly, let amended memo of parties be filed by the plaintiff within a period of one week, from today.
17. Let the written statement be filed by the defendants within thirty days. Along with the written statement, the defendants shall also file affidavit of admission/denial of the plaintiff's documents, without which, the written statements shall not be taken on record.
18. Liberty is given to the plaintiff to file replication within thirty days from the date of receipt of the written statements. Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiff, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.
19. List before the Joint Registrar (Judicial) for marking of exhibits on 18th September, 2024.
20. List before the Court on 23rd November, 2024.
MINI PUSHKARNA, J JULY 29, 2024/kr 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 31/07/2024 at 02:54:20