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Delhi High Court - Orders

Patanjali Ayurved Ltd vs Facebook, Inc & Ors on 14 January, 2019

Author: J.R. Midha

Bench: J.R. Midha

$~O-8
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 555/2018 & I.A.14939/2018, 280/2019

      PATANJALI AYURVED LTD.                 ..... Plaintiff
                   Through  Mr.Rohan Ahuja, Ms.Simranjeet
                            Singh, Ms.Sonali Dhir, Ms.Mahima
                            Deepak, Advocates

                          versus

      FACEBOOK, INC & ORS.                               ..... Defendants
                   Through             Ms.Richa     Srivastava,     Mr.Shijo
                                       George,      Ms.Pallavi       Chopra,
                                       Advocates for defendant No.1.
                                       Mr.Prashant Gupta, Advocate for
                                       defendant No.2.

      CORAM:
      HON'BLE MR. JUSTICE J.R. MIDHA

                   ORDER
%                  14.01.2019
CS(OS) 555/2018

1. Learned counsel for defendant No.1 submits that defendant No.1 has complied with the order dated 31st October, 2018 with respect to all the impugned URLs except URL at Serial No.2 because it is a search results page and not a profile. It is further submitted that she has brought the sealed envelope in terms of para 6 of the order dated 31st October, 2018 which shall be filed with the Registry within three days from today.

2. Defendant No.2 has filed an application being I.A.280/2019 under Order 1 Rule 10 of the Code of Civil Procedure on the ground that defendant No.2 is a company registered in USA and is providing service in USA. It is further submitted that the services outside USA are being provided by the Twitter International Company, an Irish company having its registered office at One Cumberland Place, Fenian Street Dublin 2, D02 AX07, Ireland. The plaintiff has no objection to the application being allowed to substitute Twitter International Company in place of defendant No.2.

3. I.A.280/2019 is allowed and Twitter International Company at One Cumberland Place, Fenian Street Dublin 2, D02 AX07, Ireland is impleaded in place of defendant No.2.

4. Defendant No.2 is directed to comply with the order dated 31st October, 2018 within three weeks from today.

5. Interim order to continue.

6. Amended memo of parties be filed within two weeks.

7. The written statement, reply to the application, documents and affidavit of admission/denial of the plaintiff's documents be filed within four weeks. The replication and affidavit of admission/denial of the defendants documents be filed by the plaintiff within four weeks thereafter.

8. List for marking of the documents before the Joint Registrar on 02nd April, 2019.

9. List before Court on 25th April, 2019.

J.R. MIDHA, J.

JANUARY 14, 2019 dk