Delhi High Court - Orders
Khadi & Village Industries Commission vs M/S Girdhar Industries & Anr on 24 February, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.S.(COMM.) 130/2022
KHADI & VILLAGE INDUSTRIES COMMISSION. ..... Plaintiff
Through: Ms. Shwetasree Majumdar and Ms.
Diva Arora Menon, Advocates.
versus
M/S GIRDHAR INDUSTRIES & ANR. ..... Defendants
Through: Mr. Akhil Sibal, Sr. Advocate with
Mr. Shravan K Bansal and Mr.
Deepak Shrivastava, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 24.02.2022
[VIA HYBRID MODE]
C.S.(COMM.) 130/2022
1. Let the plaint be registered as a suit.
2. Issue summons. Summons are accepted by Mr. Shravan K. Bansal, counsel for the Defendants. Summons shall state that the written statement shall be filed by the Defendants within 30 days from the date of receipt of summons. The written statements shall be filed by the Defendants within 30 days from today. Along with the written statement, the Defendants shall also file an affidavit of admission/ denial of the documents of the Plaintiff, without which the written statements shall not be taken on record. Ms. Majumdar states that copy of entire paper-book shall be e-mailed during the course of day.
3. Liberty is given to the Plaintiff to file replications within 15 days of the receipt of the written statements. Along with the replication, if any, filed Signature Not Verified Digitally Signed C.S.(COMM.) 130/2022 Page 1 of 3 By:SAPNA SETHI Signing Date:07.03.2022 16:58:30 by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replications shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
4. List before the Joint Registrar for marking of exhibits on on 6th May, 2022. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
5. List this matter for framing of issues on 7th April, 2022.
I.A. No. 3118/2022 (under Section 151 of the Code of Civil Procedure, 1908 seeking exemption from serving the Defendants)
6. In view of the fact that the Defendants have rendered appearance and accepted summons, this application is rendered infructuous and is disposed of accordingly.
I.A. No. 3116/2022 (under Section 151 of the Code of Civil Procedure, 1908 seeking for exemption from filing originals, clear copies and documents with proper margins)
7. Exemption is granted, subject to all just exceptions.
8. The Petitioner shall file better copies of exempted documents, compliant with practice rules, before the next date of hearing.
9. Accordingly, the application stands disposed of.
I.A. No. 3117/2022 (under Section 12A of the Commercial Courts Act, 2015 read with Section 151 of the Code of Civil Procedure, 1908)
10. Mr. Bansal states that the Defendants are open to resolving the disputes through mediation. Ms. Majumdar states that she is also agreeable, but the timelines for completion of pleadings and hearing on the stay Signature Not Verified Digitally Signed C.S.(COMM.) 130/2022 Page 2 of 3 By:SAPNA SETHI Signing Date:07.03.2022 16:58:30 application may not be disturbed.
11. The Delhi High Court Mediation and Conciliation Centre is requested to appoint Mr. Rajeev Virmani, Senior Advocate as the Senior Mediator.
12. Parties are directed to appear before the Mediator on 28th February, 2022.
13. The application is disposed of in the above terms.
I.A. No. 3115/22 (under Order XI Rule 1(4) Commercial Courts Act, 2015) read with Section 151 of the Code of Civil Procedure, 1908 seeking leave to file additional documents.)
14. In view of the grounds and reasons stated therein, the Plaintiff is permitted to file the video as sought for, in a CD format within a period of one week from today.
15. The application is allowed in the above terms.
I.A. No. 3114/2022 (under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 seeking interim injunction)
16. Issue notice. Mr. Shravan K. Bansal, Advocate accepts notice on behalf of the Defendants.
17. Reply be filed within the period of three weeks from today. Rejoinder thereto, if any, within a period of one week thereafter.
18. Parties are directed to file a brief note of submissions, not exceeding five pages along with the relevant case laws, if any, at least one week before the next date of hearing before the Court.
19. List on 7th April, 2022.
SANJEEV NARULA, J FEBRUARY 24, 2022/Pallavi Signature Not Verified Digitally Signed C.S.(COMM.) 130/2022 Page 3 of 3 By:SAPNA SETHI Signing Date:07.03.2022 16:58:30