Delhi High Court - Orders
Fiitjee Limited vs Vidya Mandir Classes Ltd. & Ors on 7 December, 2021
Author: Asha Menon
Bench: Asha Menon
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 656/2021
FIITJEE LIMITED ..... Plaintiff
Through: Mr. Sudhir Nandrajog, Senior
Advocate with Mr. Mohit Gupta, Mr.
Ankit Jain, Mr. Vishal Saxena and
Ms. Mohina Anand, Advocates
Versus
VIDYA MANDIR CLASSES LTD. & ORS. ..... Defendants
Through: Mr. Kartik Yadav, Mr. Parinay T.
Vasandani and Mr. Karanvir Singh
Goraya, Advocate for D-1
Mr. Kirat Singh Nagra, Advocate for
D-2
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 07.12.2021 I.A.16138/2021 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
I.A.16139/2021 (by the plaintiff under Section 149 read with Section 151 CPC seeking extension of time for depositing deficient court fee alongwith affidavit)
3. Two days‟ time is granted to the defendants to file replies to the I.A. with advance copies to the opposite side.
4. The application stands disposed of.
CS(OS) 656/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:08.12.2021 17:25:26CS(OS) 656/2021, I.A.16137/2021 (by the plaintiff under Order XXXIX Rule 1 & 2 read with Section 151 CPC for ex-parte ad-interim injunction)
5. The plaint be registered as a suit.
6. This suit has been filed for permanent injunction, mandatory injunction and damages.
7. Mr. Sudhir Nandrajog, learned senior counsel for the plaintiff submits that the plaintiff and defendant No.1 are working in the same area as competitors in the field of providing coaching to IIT aspirants. It is submitted that the plaintiff had issued an advertisement in the newspaper "Hindustan Times" (Delhi Edition) giving a comparative chart of the success achieved by the students of the plaintiff and defendant No.1. It is submitted that on 12th and 14th November, 2021, the defendant No.2 posted videos on „YouTube‟ using words that contain misrepresentation of facts and allegations against the plaintiff of kidnapping, and coercing the students into joining its coaching centre. Hence, it is submitted that interim directions be issued to defendant No.9 to remove these videos.
8. Issue summons in the suit and notice in the application to all the defendants by all permissible modes.
9. Mr. Kartik Yadav and Mr. Kirat Singh Nagra, Advocates accept summons in the suit and notice in the application on behalf of the defendants No.1 and 2 respectively.
CS(OS) 656/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:08.12.2021 17:25:2610. At this stage, Mr. Kartik Yadav, learned counsel for the defendant No.1 submits that he is being led by Mr. Akhil Sibal, who is unwell and is unable to attend the court today. At the same time, he also submits that the plaintiff is guilty of suppression of facts as the defendant No.1 has already filed a suit before the District Court in Gautam Buddha Nagar where an injunction has been issued against the plaintiff. He seeks time to place all the documents on record.
11. Mr. Kirat Singh Nagra, learned counsel for the defendant No.2 submits that an opportunity may be given to the defendant No.2 to place the full version on record as the full facts have not been disclosed.
12. Before proceeding further, in view of the submissions made, this Court is of the view that the reply of the defendants should come on the record at least to the application under Order XXXIX Rule 1 and 2. The same be filed within two days with advance copies to the opposite side.
13. List before the Court on 14th December, 2021 for arguments in I.A.16137/2021.
14. The order be uploaded on the website forthwith.
ASHA MENON, J DECEMBER 7, 2021/ak CS(OS) 656/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:08.12.2021 17:25:26