Delhi High Court - Orders
Bls E-Services Pvt. Ltd. & Ors vs Hitachi Systems Micro Clinic Pvt. Ltd on 8 January, 2019
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 2/2019
BLS E-SERVICES PVT. LTD. & ORS. ..... Plaintiffs
Through: Mr. Siddharth Sharma and Ms. Shruti
Arora, Advocates. (M:7838486008)
versus
HITACHI SYSTEMS MICRO CLINIC PVT. LTD. ..... Defendant
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 08.01.2019 I.A. 67/2019 (exemption)
1. This is an application seeking exemption from filing original documents. Recording the Plaintiffs' undertaking that the inspection of original documents shall be given, if demanded, or that the original documents shall be filed prior to the stage of admission/denial, the exemption is allowed. I.A. is disposed of.
I.A. 68/2019 (exemption)
2. For the reasons stated in the application, the delay is condoned. I.A. is disposed of.
CS(COMM) 2/2019 & I.A. 66/2019 (u/O XXXIX Rules 1 & 2 CPC)
3. Let the plaint be registered as a suit.
4. Issue summons in the suit and notice in the application being I.A. 66/2019 to the Defendant through all modes upon filing of Process Fee. Summons be served dasti as well.
CS(COMM) 2/2019 Page 1 of 35. The summons to the Defendant shall indicate that a written statement to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statement, the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement shall not be taken on record.
6. Liberty is given to the Plaintiffs to file a replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiffs, an affidavit of admission/denial of documents of the Defendant, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
7. List before the Joint Registrar for marking of exhibits on 29th April, 2019. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
8. List before Court on 18th March, 2019.
9. The present suit has been filed seeking declaration and recovery of money from the Defendant. The Plaintiffs and the Defendant had entered into an Agreement stated to be executed on 1st November, 2016 w.e.f. 22nd September, 2016 under which the Defendant was to provide End-User Computing IT Infrastructure to the Plaintiff. The submission of the learned counsel for the Plaintiffs is that there is an imminent possibility of the Defendant disposing of the spares and other IT infrastructure which were being used in the provision of services by the Defendant to the Plaintiff. The spare inventories, which were attached to the Agreement, were to be maintained in terms of schedule 14 at page 44 of the documents.
10. At this stage, learned counsel for the Plaintiffs only submits that the CS(COMM) 2/2019 Page 2 of 3 Defendant be directed to disclose on an affidavit the inventory of spares which is available with them as the Plaintiff is not being given access to the warehouse where the spares have been stored. It is accordingly directed that the Defendant shall file a reply to the interim injunction application within two weeks from receipt of notice. Along with the reply, the Defendant shall also place on record an affidavit of complete inventory of the spares available with them which belong to the Plaintiffs.
11. Reply to the application be filed within 2 weeks from service of the present order along with the paper book. List the application before court on 18th March, 2019 for hearing.
12. DASTI.
PRATHIBA M. SINGH, J.
JANUARY 08, 2019 Rekha CS(COMM) 2/2019 Page 3 of 3