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Reckitt And Colman Overseas Hygiene ... vs Mr. Akash Arora Trading As M/S Grand ... on 27 November, 2024

                                          $~40
                                          *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          +           CS(COMM) 1052/2024 & I.A. Nos. 46336/2024, 46337/2024,
                                                      46338/2024, 46339/2024 & 46340/2024
                                                      RECKITT AND COLMAN OVERSEAS HYGIENE HOME
                                                      LIMITED & ORS.                                                                       .....Plaintiffs
                                                                                         Through:                Ms. Nancy Roy with Ms. Prakriti
                                                                                                                 Varshney and Mr. Prashant,
                                                                                                                 Advocates.
                                                                                                                 (M): 9899257363
                                                                                                                 Email: [email protected]

                                                                                         versus

                                                      MR. AKASH ARORA TRADING AS M/S GRAND CHEMICAL
                                                      WORKS                                .....Defendant
                                                                   Through: None.

                                                      CORAM:
                                                      HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                                                         ORDER

% 27.11.2024 I.A. 46340/2024 (Exemption from filing original and certified copies of documents)

1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), on behalf of the plaintiffs, seeking exemption from filing original/certified and clearer copies with proper margins of the documents.

2. Exemption is granted, subject to all just exceptions.

3. Plaintiffs shall file legible, clear, and translated copies of the CS(COMM) 1052/2024 Page 1 of 4 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/11/2024 at 22:30:17 documents, on which the plaintiffs may seek to place reliance, before the next date of hearing.

4. Accordingly, the present application is disposed of. I.A. 46338/2024 (Exemption from instituting Pre-Institution Mediation)

5. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.

6. Issue notice to the defendant by all modes, including dasti, returnable on the next date of hearing.

I.A. 46337/2024 (Application seeking leave to file additional documents)

7. This is an application under Order XI Rule 1(4) read with Section 151 CPC as amended by the Commercial Courts Act, 2015, seeking leave to file additional documents.

8. The plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

9. The application is disposed of, with the aforesaid directions. I.A. No. 46339/2024 (Application seeking permission to file documents in a compact disc (CD)/DVD)

10. The present is an application under Section 151 CPC seeking permission to file documents in a compact disc (CD)/DVD.

11. In terms of Rule 24 of Chapter-XI of the Delhi High Court (Original Side) Rules, 2018, it is made clear that electronic records can be received in CD/DVD/Medium, encrypted with a hash value. The said Rule is extracted as below:

"24. Reception of electronic evidence - A party seeking to tender any CS(COMM) 1052/2024 Page 2 of 4 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/11/2024 at 22:30:17 electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry. The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872."

12. Accordingly, Registry may receive electronic record in a CD/DVD, so long as it is encrypted with a hash value or in any other non-editable format. The CD/DVD, containing the documents, be placed in the electronic record, of the present suit.

13. Accordingly, the present application is allowed and the plaintiff is allowed to place the documents in a CD/DVD.

14. With the aforesaid directions, the present application is disposed of. CS(COMM) 1052/2024 & I.A. 46336/2024 (Application under Order XXXIX Rules 1 and 2 CPC)

15. Let the plaint be registered as suit.

16. Upon filing of the process fee, issue summons to the defendant by all permissible modes, including dasti. Summons shall state that the written statement be filed by the defendant within thirty days from the date of receipt of summons. Along with the written statement, the defendant shall also file affidavit of admission/denial of the plaintiffs' documents, without which, the written statement shall not be taken on record.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/11/2024 at 22:30:17

17. Liberty is given to the plaintiffs to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiffs, an affidavit of admission/denial of documents of the defendant, be filed by the plaintiffs, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.

18. Issue notice in I.A. 46336/2024

19. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.

20. List before the Joint Registrar (Judicial) for marking of exhibits, on 20th January, 2025.

21. List before the Court on 09th January, 2025.

MINI PUSHKARNA, J NOVEMBER 27, 2024 c CS(COMM) 1052/2024 Page 4 of 4 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/11/2024 at 22:30:17