XCEPT MEDIA PRIVATE LIMITED vs M/S ETHINOS DIGITAL MARKETING PVT. LTD. & ANR.

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19th MARCH, 2026 IN THE MATTER OF: + CS(COMM) 634/2023 XCEPT MEDIA PRIVATE LIMITED .....Plaintiff Through: Mr. Nishant Anand, Ms. Gunjan Bansal, Mr. Tarun Choudhary, Mr. Yashwant Singh Khatri, Advs. versus M/S ETHINOS DIGITAL MARKETING PVT. LTD. & ANR. .....Defendants Through: Appearance not given CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) CS(COMM) 634/2023 & I.A. 17622/2023, I.A. 7274/2024, I.A. 17623/2023 1. I.A. 17623/2023 has been filed by the Plaintiff under Section 12A of the Commercial Courts Act, 2015, seeking exemption from undergoing pre- institution mediation and settlement. 2. The Suit is one for recovery of Rs. 6,09,05,795/-. 3. It is the case of the Plaintiff that it is engaged in the business of Digital Marketing Services since 2016 and provides Digital Marketing solutions to its customers. The Defendants approached the Plaintiff for providing campaign services for its clients, namely, M/s Cholamandalam MS General Insurance. Signature Not Verified Signed By:RAHUL SINGH Signing Date:21.03.2026 21:05:18 4. It is stated that on the instructions of the Defendants, the Plaintiffs rendered its campaign services on a monthly basis to M/s Cholamandalam MS General Insurance and subsequent invoices were being raised. 5. Paragraph No.8 of the plaint indicates the dates on which the invoices were raised and the amounts payable under the invoices. 6. It is stated that despite numerous reminders and requests, payments have not been made by the Defendants to the Plaintiffs and on the date when the Plaint was filed, a sum of Rs. 6,09,05,795/- was due and payable. 7. Undoubtedly, the present suit is a commercial suit. 8. Though an application under Order XXXVIII Rule 5 was filed, it was wi