Delhi High Court – Orders
Akansha Jain & Ors vs Radius Synergies International … on 30 December, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~14 (OS-1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM.) 1217/2024 & I.A. 49992/2024 I.A. 49993/2024 I.A.
49994/2024 I.A. 49995/2024 I.A. 49996/2024 I.A. 49997/2024
AKANSHA JAIN & ORS. .....Plaintiffs
Through: Mr. Amit Chadha, Sr. Adv., Ms.
Saumya Yadav, Mr. Vijendra Kumar
Verma, Mr. Jayesh Kain, Mr.
Vinayak Batta, Advocates with
plaintiff in person
versus
RADIUS SYNERGIES INTERNATIONAL PRIVATE LIMITED &
ORS. .....Defendants
Through: Mr. Sushil Kumar, AR of D-1.
Mr. Manik Dogra, Sr. Adv., Mr.
Vishal Goyal, Adv., Mr. Shamy
Mehdritta, Mr. Shashi Shekhar, Mr.
Imon Bhattacharya, Mr. Himanshu
Goel, Advocates for D-2 and 3.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 30.12.2024
I.A. 49997/2024 (application on behalf of plaintiff under Section 151 CPC
for exemption from advance service to the defendants)
1. Since defendant nos. 1, 2 and 3 have been duly served and they have
entered appearance, the relief sought in the captioned application has
become infructuous.
I.A. 49996/2024 (for exemption)
2. Plaintiff shall file true typed copies and certified copies of exempted
Signature Not Verified
Digitally Signed CS (COMM.) 1217/2024 Page 1 of 6
By:HEMANT
PRATAP SINGH
documents, compliant with practice rules, before the next date of hearing,
exemption is granted for the present.
3. Accordingly, the application stands disposed of.
I.A. 49995/2024(application under Section 12A of the Commercial Courts
Act, 2015 seeking exemption from pre-institution mediation and settlement)
4. This is an application filed by plaintiff seeking exemption from
exploring the pre-litigation mediation and settlement under Section 12A of
the Commercial Courts Act, 2015.
5. Learned senior counsel for the plaintiff states that since the interim
relief sought in the suit will become infructuous as on 31.12.2024, therefore,
the plaintiff has sought an exemption from exploring the pre-institution
mediation.
6. Though, this Court is satisfied with respect to the urgency of the relief
sought in the present petition, however this Court is of the opinion that in the
facts of this case, the parties especially plaintiff and defendant nos. 2 and 3
ought to explore pre-institution mediation. The subject issue in the suit
involves payment of Common Area Maintenance (‘CAM’) charges for the
maintenance of the building situated at Bhutani Technopark (formerly Logix
Technopark), Sector 127, Noida, Uttar Pradesh and other charges
recoverable under the agreements governing the allotment/purchase of the
plaintiffs units. Therefore, it would be appropriate, if the parties are
relegated to mediation as envisaged under Section 12A of the Commercial
Courts Act, 2015, before proceeding further with the case.
7. Accordingly, the following directions are passed in this regard:
7.1. The plaintiff is directed to take steps in terms of Section 12A of the
Commercial Courts Act, 2015, for initiation of pre-institution mediation.
Signature Not Verified
Digitally Signed CS (COMM.) 1217/2024 Page 2 of 6
By:HEMANT
PRATAP SINGH
7.2. Accordingly, parties are referred to Delhi High Court Mediation and
Conciliation Centre [‘Mediation Centre’]
7.3. The parties are instructed to appear before the Mediation Centre on
10.01.2025 at 03:30 P.M.
7.4. The Mediation Centre is requested to appoint Mr. Sudhanshu Batra,
Senior Advocate as a mediator in this matter.
7.5. All rights and contentions of the parties shall remain open in the event
of the mediation not being successful and the suit is revived.
I.A. 49992/2024(application under Order XXXIX Rule 1 and 2 CPC seeking
ad-interim ex-parte injunctions)
8. This is an application filed by the plaintiff under Order XXXIX Rule
1 and 2 CPC to pass ex-parte injunction against the defendants restraining
them from using the new prepaid meter(s) for the purpose of collection of
CAM charges and pass an order directing the defendants to continue to
supply the electricity from the old meters/already installed meters till the
pendency of the present suit.
9. After some arguments, learned senior counsel for the plaintiffs’ states
that the plaintiffs are not opposing installation of the new meters by
defendant no. 1 w.e.f. 01.12.2024. He states, that however, the plaintiffs are
opposing recovery of the CAM charges through these new prepaid meters.
9.1. He states that plaintiffs remain ready and willing to pay the electricity
charges determined as per the new meters proposed to be installed.
9.2. He fairly admits that plaintiffs have not paid the CAM charges as
there is a dispute with respect to the amount claimed by defendant no. 2. He
states that plaintiffs have been in occupation since January, 2023.
9.3. He also admits that the plaintiffs have not signed the maintenance
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Digitally Signed CS (COMM.) 1217/2024 Page 3 of 6
By:HEMANT
PRATAP SINGH
agreement, though the proposed draft agreement pertaining to maintenance
has been served upon the plaintiffs. He states, however as the parties have
not been able to arrive at any consensus, therefore, it has not been signed.
9.4. He states that the CAM charges are being raised at Rs. 18.5 sq. feet
with 18% GST. They state that however the information of the services
which are rendered/included by defendant no. 2 towards these charges have
not been communicated to the plaintiffs herein. He states that in the absence
of this information disputes have arisen.
9.5. He states that plaintiffs are ready and willing to pay 50% of the
outstanding CAM charges claimed by defendant no. 2 owing to show its
bonafide and participate in mediation proceedings.
9.6. He states that plaintiffs have already paid all electricity charges up-to-
date and will continue to pay the same without default.
10. In reply, learned senior counsel for defendant nos. 2 and 3 states that
defendant nos. 2 and 3 have a preliminary objection on the territorial
jurisdiction of this Court in view of the express clauses of the builder-buyer
agreement and the registered tripartite agreement by which the units have
been allotted to the plaintiffs. He states that as per the said agreements, the
jurisdiction has been exclusively conferred on the Courts at Noida.
10.1. He states that defendant nos. 2 and 3 do not have registered office in
Delhi and the averment to the contrary in the plaint is incorrect. He states
that, in addition, even otherwise no part of cause of action has arisen at
Delhi and therefore the suit is not maintainable.
10.2. He states that while reserving the right of the defendant nos. 2 and 3
to raise objection with respect to territorial jurisdiction of this Court,
defendant nos. 2 and 3 are ready and willing to explore the matter in
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Digitally Signed CS (COMM.) 1217/2024 Page 4 of 6
By:HEMANT
PRATAP SINGH
mediation. He states, however, the plaintiffs must secure the entire CAM
charges which are due and payable.
10.3. He states that plaintiff nos. 2, 3, 4, 8, 10, 12 and 21 have even
otherwise paid the entire CAM charges up-to-date.
10.4. He states similarly the remaining plaintiffs should also pay the entire
CAM charges.
11. This Court has considered the submission of the parties and as an ad-
interim measure until the mediation is completed and without prejudice to
the preliminary objection raised by defendant nos. 2 and 3, the following
directions are hereby issued: –
i. Defendant no. 1 is at liberty to install the pre-paid electricity meters at
the premises of plaintiff nos. 1 to 21.
ii. Plaintiff nos. 1 to 21 shall ensure that 50% of the CAM charges due
and payable as on 31.12.2024, are directly remitted to defendant no. 2
on or before 01.12.2025.
iii. The plaintiff nos. 1 to 21 shall ensure that the remaining 50% of the
CAM charges due and payable as on 31.12.2024 are deposited with
the registry of this Court on or before 02.01.2025.
iv. The defendant no. 2 is directed to send the invoices to each of the
plaintiffs reflecting the outstanding amount as on 31.12.2024.
v. It is further directed that at this stage the plaintiffs will only pay the
principal amount of the CAM charges along with GST due as
reflected in the invoice. No late payment charge and no interest will
be payable at this stage.
vi. The defendant no. 1 will be at liberty to collect the electricity charges
from the plaintiffs as per the new meters w.e.f. 01.01.2025.
Signature Not Verified
Digitally Signed CS (COMM.) 1217/2024 Page 5 of 6
By:HEMANT
PRATAP SINGH
vii. Similarly, for the CAM charges which shall become due w.e.f.
01.01.2025, the plaintiffs will pay the entire amount due to defendant
no. 2 without prejudice to their rights and contentions in the present
suit.
12. The application as well as suit will be taken up for hearing on
04.02.2025.
13. It is made clear that in case the mediation proceedings are not
successful, the matter will be heard on the merits and the issue of territorial
jurisdiction will be considered at the first instance.
14. This Court requests Mr. Amit Chadha, Sr. Adv. and Mr. Manik
Dogra, Sr. Adv. to personally mediate between the parties, keeping in view
the fact that the some of the plaintiffs are Members of the Bar.
15. 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
DECEMBER 30, 2024/mt/ms
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Signature Not Verified
Digitally Signed CS (COMM.) 1217/2024 Page 6 of 6
By:HEMANT
PRATAP SINGH