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Bikramjeet Singh Bhullar vs Yash Raj Films Private Limited & Ors on 19 July, 2022

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~18
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 483/2022
                                BIKRAMJEET SINGH BHULLAR                 ..... Plaintiff
                                             Through: Mr. Chander M. Lall, Senior
                                             Advocate with Mr. Joshep Koshy, Ms. Ananya
                                             Chouby, Ms. Monica Shahi, Mr. Harshvardhan,
                                             Ms. Indronil Mohan, Ms. Shelly Dixit, Ms. Puja
                                             Sinha Roy and Ms. Gulnaz Khan, Advocates.

                                                   versus

                                YASH RAJ FILMS PRIVATE LIMITED & ORS. ..... Defendants
                                              Through: Mr. Abhishek Malhotra, Ms. Atmaja
                                              Tripathy, Ms. Sapna Chaurasia and Mr. Karen
                                              Baretto, Advocates for D-1.
                                              Mr. Pranaya Goyal, Mr. Dharav Shah and
                                              Mr. Pathasarthy Bose, Advocates for D-2 and 4.
                                              Mr. Rajshekhar Rao, Senior Advocate with
                                              Mr. Deepak Biswas and Ms. Mehrunissa,
                                              Advocates for D-6 and 7.

                                CORAM:
                                HON'BLE MS. JUSTICE JYOTI SINGH
                                              ORDER

% 19.07.2022 CAVEAT 190/2022, 191/2022, 192/2022

1. Since learned counsels for Caveators have entered appearance, caveats stand discharged.

I.A. 11031/2022 (seeking leave to file additional documents)

2. Present application has been preferred on behalf of the Plaintiff seeking leave to file additional documents under Order 11 Rule 1(4) CPC.

CS(COMM) 483/2022 Page 1 of 4 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:20.07.2022 19:03:33

3. 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.

4. Application is allowed and disposed of. I.A. 11032/2022 (exemption)

5. Subject to the Plaintiff filing originals, typed copies and documents with proper margins, which it may seek to place reliance on, within four weeks from today, exemption is granted.

6. Application is allowed and disposed of. I.A. 11033/2022 (permission to file electronic evidence)

7. By way of the present application, Plaintiff seeks leave to file a Pen Drive containing Trailer released on 24.06.2022, 'Ji Hazoor' song on 04.07.2022 and the song 'Fitoor' released on 07.07.2022.

8. For the reasons stated in the application, the same is allowed.

9. Plaintiff is permitted to file the aforementioned Pen Drive within a period of one week from today.

CS(COMM) 483/2022

10. Let plaint be registered as a suit.

11. Issue summons.

12. Mr. Abhishek Malhotra, learned counsel enters appearance on behalf of Defendant No. 1.

13. Mr. Pranaya Goyal, learned counsel enters appearance on behalf of Defendants No. 2 and 4.

14. Mr. Deepak Biswas, learned counsel enters appearance on behalf of Defendants No. 6 and 7.

CS(COMM) 483/2022 Page 2 of 4 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:20.07.2022 19:03:33

15. Written statement be filed by Defendants No. 1, 2, 4, 6 and 7 within 30 days, as per Rules along with affidavit of admission/denial of the documents filed by the Plaintiff.

16. Replication thereto be filed by the Plaintiff within 15 days of the receipt of the written statement along with an affidavit of admission/denial of the documents filed by Defendants No. 1, 2, 4, 6 and 7.

17. Upon requisite steps being taken by the Plaintiff, summons be issued to the remaining Defendants, through all permissible modes, returnable on 01.09.2022 before the learned Joint Registrar.

18. Summons shall state that written statement be filed by the remaining Defendants within 30 days from the date of receipt of summons. Along with the written statement, the said Defendants shall also file an affidavit of admission/denial of documents of the Plaintiff.

19. Replication be filed by Plaintiff within 15 days of the receipt of the written statement. Along with the replication, an affidavit of admission/denial of documents filed by the said Defendants shall be filed by the Plaintiff.

20. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines. I.A. 11030/2022 (under Order 39 Rules 1 and 2 CPC, by Plaintiff)

21. Present application has been preferred by Plaintiff under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure 1908 for grant of an ex-parte ad-interim injunction.

22. Issue notice.

CS(COMM) 483/2022 Page 3 of 4 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:20.07.2022 19:03:33

23. Mr. Abhishek Malhotra, learned counsel accepts notice on behalf of Defendant No. 1.

24. Mr. Pranaya Goyal, learned counsel accepts notice on behalf of Defendants No. 2 and 4.

25. Mr. Deepak Biswas, learned counsel accepts notice on behalf of Defendants No. 6 and 7.

26. Let replies be filed on or before 22.07.2022.

27. Rejoinders, if any, be filed before the next date of hearing.

28. Notice be issued to the remaining Defendants, through all permissible modes, returnable on 26.07.2022, before the Court.

JYOTI SINGH, J JULY 19, 2022/sn CS(COMM) 483/2022 Page 4 of 4 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:20.07.2022 19:03:33