Delhi High Court - Orders
Sterlite Technologies Ltd vs Hfcl Limited on 6 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 408/2022 and I.A. 9316-9318/2022/2022
STERLITE TECHNOLOGIES LTD ..... Plaintiff
Through: Mr. Pravin Anand, Advocate.
versus
HFCL LIMITED ..... Defendant
Through: Mr. Amit Sibal, Sr. Counsel with Mr.
Manik Dogra, Mr. Shaantanu Tyagi,
Ms. Apoorva Murali, Mr. Rishabh
Sharma, Mr. Saksham Dhingra, Mr.
Vinay Tripathi, Mr. Ankur, Mr.
Dhruv Pande, Ms. Neha Khanduri &
Ms. Luma Abbas, Advocates (M-
9740360868)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 06.10.2023
1. This hearing has been done through hybrid mode. I.A. 9317/2022 (for local commissioner)
2. The present is an application seeking appointment of a Local Commissioner. The present application is not pressed by the Plaintiff and is disposed of.
I.A. 9318/2022 (for discovery)
3. This is an application under Order XI Rule 1(6) CPC for discovery. Ld. Counsel for the Plaintiff relies on order dated 3rd August, 2023 passed in CS(COMM) 266/2020 titled Sterlite Technologies Ltd. v. Hengtong Optic India Ltd. Ld. Senior Counsel for the Defendant wishes to seek instructions in this matter and submits that in an order passed in CS(COMM) 314/2019 titled Sterlite Technologies v. ZTT India Ltd. similar 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 09/10/2023 at 22:05:01 application was rejected.
4. List the application for hearing on 9th February, 2024. CS(COMM) 408/2022 & I.A. 9316/2022
5. Ld. Senior Counsel for the Defendant submits that the Defendant has filed a counter claim however the same has not been numbered yet by the Registry. It is submitted by Mr. Pravin Anand, ld. Counsel that the written statement was filed on 14th August, 2022, however, the counter claim was filed only on 30th May, 2023 which would not be permissible as it is beyond the 120 days period and counter claim cannot be filed after filing written statement.
6. Mr. Sibal, ld. Senior Counsel on the other hand submits that the subsistence of the patent on the register constitutes a continuing cause of action and therefore a counter claim can be filed after filing of written statement and it deserves to be registered. He also submits that the High Court of Delhi Rules Governing Patent Suits, 2020 do not provide any time limit for filing of counterclaim.
7. Both sides may examine this legal issue as to whether the counter claim is to be compulsorily filed with the written statement or whether there is a limitation period for filing of a counter claim, and make their submissions on the next date of hearing.
8. List on 9th February, 2024.
PRATHIBA M. SINGH, J OCTOBER 6, 2023 Rahul/sk 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 09/10/2023 at 22:05:01