Delhi High Court - Orders
Dqs Certification India Pvt. Ltd vs Isaca Inc & Ors on 6 December, 2021
Author: Asha Menon
Bench: Asha Menon
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 611/2021
DQS CERTIFICATION INDIA PVT. LTD ..... Plaintiff
Through: In person
Versus
ISACA INC & ORS. ..... Defendants
Through: None
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 06.12.2021 I.A.16047/2021 (by the plaintiff under Section 151 CPC for ear ly hear ing in the matter )
1. This application has been filed by the plaintiff under Section 151 CPC seeking early hearing of the suit.
2. For the reasons stated in the application, the same is allowed and the matter is taken up for hearing today itself.
I.A.15697/2021 (Exemption)
3. Allowed subject to all just exceptions.
4. The application stands disposed of.
CS(COMM) 611/2021, I.As.15696/2021 (by the plaintiff u/O XXXIX Rules 1 & 2 CPC for injunction), 15749/2021 (by the plaintiff u/S 151 CPC seeking exemption from pre-institution mediation as per Section 12A of the Commercial Courts Act)
5. The plaint be registered as a suit.
6. The suit has been filed seeking the restoration of status quo ante in respect of an Agreement dated 12th October, 2020, which, according to the plaintiff, stands terminated w.e.f. 12th October, 2021. The plaintiff submits CS(COMM) 611/2021 Page 1 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:07.12.2021 15:03:12 that this termination is without cause and in violation of the law of Illinois, USA, which permitted termination only with cause. He also submits that an Indian company cannot initiate any legal proceedings in Illinois and that the defendants have refused arbitration. Hence, he has approached this court.
7. Issue summons in the suit and notice in the applications to the defendants by all permissible modes, returnable before the Joint Registrar.
8. The summons shall indicate that the written statement(s) to the suit and reply(ies) to the application(s) be filed by the defendant(s) within thirty days from the date of receipt of the summons. The defendant(s) shall also file the affidavit of admission/denial of the document(s) filed by the plaintiff(s), failing which the written statement(s) shall not be taken on record.
9. The plaintiff is at liberty to file replication(s) to the written statement(s) and rejoinder(s) to the reply(ies) filed by the defendant(s) within thirty days of the filing of the written statement(s)/reply(ies). The replication(s) shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendant(s), failing which the replication(s) shall not be taken on record.
10. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the time lines.
11. List before the Joint Registrar on 19th January, 2022 for completion of service and pleadings.
12. The order be uploaded on the website forthwith.
ASHA MENON, J.
DECEMBER 6, 2021/s CS(COMM) 611/2021 Page 2 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:07.12.2021 15:03:12