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Delhi High Court - Orders

Itc Limited vs Google Inc. & Ors on 27 October, 2022

Author: V. Kameswar Rao

Bench: V. Kameswar Rao

                              $~4
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     CS(OS) 515/2019 & I.As. 13863/2019, 15443/2019, 1225-1227/2020,
                                    1233-1234/2020
                                    ITC LIMITED                                  ..... Plaintiff
                                                    Through: Mr. L. K. Bhushan and Mr. Anirudh
                                                                Arun Kumar, Advs.
                                                    versus

                                    GOOGLE INC. & ORS.                               ..... Defendant
                                                  Through:         Ms. Mamta R. Jha and Mr. Rohan
                                                                   Ahuja, Ms. Shruttima, Advs. for D-1

                                                                   Ms. Aishwarya Kane, Adv. D-2

                                                                   Mr. Ajit Warrier, Mr. Varun Pathak,
                                                                   Ms. Amee Rana and Mr. Akhil
                                                                   Shandilya, Advs. for D-4 & D-6

                                                                   Mr. Deepak Gogia and Mr. Aadhar
                                                                   Nautiyal, Advs. for D-7, D-8 & D-9

                                                                   Mr. Anandh K. & Ms. Anchal Raj,
                                                                   Advs. for D-11

                                                                   Mr. Sidharth Sharma, Adv. for D-12

                                                                   Mr. Ajit Warrier, Adv. with
                                                                   Ms. Binsy Susan, Mr. Aasish Somasi
                                                                   & Mr. Vaarish K. Salwani, Advs.
                                                                   for D-13 & 14
                                    CORAM:
                                    HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                                 ORDER

% 27.10.2022

1. On April 27, 2022, this Court had passed the following order:-

Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:31.10.2022 19:49:23

"Learned counsel appearing for some of the defendants submit that the grievance against the defendants has been addressed and the proceedings should be dropped qua them.

2. Learned counsel for the plaintiff prays for some time to take instructions.

3. At request, renotify on 15.07.2022."

2. Today I have been informed by learned counsel for the defendant No.1 Google Inc. that since Google Inc. is a party respondent, Google India Private Limited be deleted from the array of parties. This submission is not opposed by Mr. Bhushan. Accordingly, Google India Private Limited is deleted from the array of parties.

3. Similar submission is made on behalf of Facebook Inc. that since Facebook Inc. is a party respondent, Facebook India Private Limited (to be read as Facebook India Online Services Private Limited) be deleted from the array of parties. Mr. Bhushan has no objection in that regard. Accordingly, Facebook India Private Limited (to be read as Facebook India Online Services Private Limited) is deleted from the array of parties.

4. Similar submission is made on behalf of Twitter INC. that since Twitter Inc. is a party respondent, Twitter International Company and Twitter Communications India Private Limited be deleted from the array of parties. According to the learned counsel, any orders to be passed by this Court shall be implemented by Twitter Inc. Mr. Bhushan has no objection in that regard. Accordingly, Twitter International Company and Twitter Communications India Private Limited are deleted from the array of parties.

5. Similar submission is made on behalf of Bytedance Inc. that since Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:31.10.2022 19:49:23 Bytedance Inc. is a party respondent, Bytedance (India) Technology Private Limited be deleted from the array of parties. Mr. Bhushan has no objection in that regard. Accordingly, Bytedance (India) Technology Private Limited is deleted from the array of parties.

6. Similar submission has been made on behalf of WhatsApp Inc. that since WhatsApp Inc. is a party respondent, WhatsApp Application Services Private Limited be deleted from the array of parties. Mr. Bhushan has no objection in that regard. Accordingly, WhatsApp Application Services Private Limited is deleted from the array of parties.

7. Amended memo of parties be filed within 10 days from today.

8. Learned counsel for the parties to complete the pleadings within 30 days.

9. List before Joint Registrar for completion of pleadings on 22nd December, 2022.

10. I take on record the submission by Mr. Warrier that henceforth Facebook Inc. is known as Meta Platforms.Inc. Similarly, WhatsApp Inc. is known as WhatsApp LLC. Mr. Bhushan states that necessary correction shall be made in the memo of parties.

I.As. 15443/2019, 1225-1227/2020 & 1234/2020

11. Learned counsel for the parties states, in view of the order passed by this Court, these applications be treated as disposed of. It is ordered accordingly.

V. KAMESWAR RAO, J.

OCTOBER 27, 2022/ak Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:31.10.2022 19:49:23