Delhi High Court - Orders
D T Media And Entertainment Private ... vs Premchand Palety on 16 February, 2024
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 145/2024, I.A. 3755/2024, I.A. 3756/2024, I.A. 3757/2024,
I.A. 3758/2024 & I.A. 3759/2024
D T MEDIA AND ENTERTAINMENT PRIVATE LIMITED
..... Plaintiff
Through: Ms. Swathi Sukumar, Mr. Rishabh
Agarwal, Mr. Pratyush Nagarjuna and
Mr. Ritik Raghuvanshi, Advs.
versus
PREMCHAND PALETY ..... Defendant
Through: Mr. Saikrishna Rajagopal, Ms. Sneha
Jain, Mr. Vivek Ayyagari and Mr.
Akshat Agrawal, Advs.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 16.02.2024 I.A. 3757/2024 (Exemption from filing original documents, original copies etc.)
1. Exemption is granted, subject to all just exceptions.
2. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance within four weeks from today or before the next date of hearing, whichever is earlier.
3. Accordingly, the present application is disposed of.
I.A. 3758/2024 (Seeking leave to file additional documents)
1. The present application has been filed on behalf of the plaintiff under Order 11 Rule 1(4) of the Code of Civil Procedure, 1908 as applicable to commercial suits under the Commercial Courts Act, 2015 seeking to place on record additional documents.
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 20/02/2024 at 21:15:22
2. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.
3. Accordingly, the present application is disposed of.
I.A. 3759/2024 (For filing documents in sealed cover)
1. This application has been moved by the plaintiff under Section 151 of the Civil Code of Procedure, 1908, to take on record documents handed in a sealed cover to the Court.
2. It is informed by the counsel for the plaintiff that these documents have been provided in a sealed cover from a perusal of the Court since they contained information relating to various schools which have been surveyed by the plaintiff.
3. Counsel for the plaintiff further claims that since the defendant was their agent in such surveys, the said data is available with the defendant and, therefore, a copy of the same documents has been given to them (not in a sealed cover) for that reason.
4. Accordingly, the same documents, which have been provided to the Court, are being resealed and the same may be placed on record to the Registry in a sealed cover.
5. Application is accordingly, disposed of.
CS(COMM) 145/2024
1. Let the plaint be registered as a suit.
2. Upon filing of process fee, issue summons to the defendant by all 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 20/02/2024 at 21:15:22 permissible modes. Summons shall state that the written statement be filed by the defendant within 30 days from the date of receipt of summons. Along with the written statement, the defendant shall also file affidavit of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record. Liberty is given to the plaintiff to file a replication within 30 days of the receipt of the written statement. Along with the replication, if any, filed by the plaintiff, affidavit of admission/denial of documents filed by 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.
3. List before the Joint Registrar for marking of exhibits on 02nd April, 2024.
4. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
I.A. 3755/2024 (under Order XXXIX Rule 1 and 2 CPC)
1. This application has been filed on behalf of plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908.
2. Issue Notice.
3. Reply will be filed by the parties within two weeks, with copies to the opposing side who may file a joinder thereto, if so required, before the next date of hearing.
I.A. 3756/2024 (Exemption from instituting pre-litigation mediation)
1. This application has been filed for exemption for compliance of Section 12A of the Commercial Courts' Act from institution of pre-institution/pre-
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 20/02/2024 at 21:15:22 litigation mediation.
2. After hearing some arguments from both parties (counsel for defendant appears on advance notice), it may be appropriate to prefer the parties to pre- institution mediation before the Delhi High Court Mediation and Conciliation Centre for possibility of an amicable resolution.
3. Parties along with their representing counsels may appear before a Senior Mediator as may be appointed by the Delhi High Court Mediation and Conciliation Centre on 19th February, 2024 at 4:00 P.M.
4. A copy of the order be sent to the Organising Secretary, DHCM&CC for information and compliance.
5. Mr. Saikrishna Rajagopal, Counsel for defendant has stated at the very outset that they are not using plaintiff's trademark 'EDUCATION WORLD' in any manner whatsoever. He states that there was some inadvertent dissemination in the first few days pursuant to severance of the commercial relationship between plaintiff and defendant in January 2024, however, they have taken care to rectify the same.
6. He states on instructions that there is no such reference to plaintiff's trademark on record and if there is any reference which comes to the notice of either defendant or even plaintiff, they shall remove it immediately. For this purpose, counsel for plaintiff is at liberty to address a communication to counsel for defendant, if they come across any reference to plaintiff's trademark being used by defendant. Defendant shall thereafter, ensure that the situation is rectified within 24 hours.
7. Mr. Saikrishna Rajagopal, Counsel for defendant has further presented an email dated 24th January, 2024 addressed by defendant's proprietor to a school principal inter alia stating that, "This is to confirm that we have ended 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 20/02/2024 at 21:15:23 our association with Education World Magazine".
8. He states on instructions, that they will issue this disclaimer in any communication being addressed to various schools for the purposes of a survey they propose to conduct/are conducting.
9. As regards the claim of proprietorship by plaintiff in the survey parameters, which were being used prior to the severance of the relationship between plaintiff and defendant, issue will be subject to subsequent adjudication.
10. At this stage, the comparative of the ranking parameters i.e. those continuing to be used by plaintiff and those used by defendant pursuant to severance in January 2024, have been presented to the Court which are extracted as under:
Ranking Ranking Ranking Ranking Ranking parameters in parameters parameters in parameters in paramete Education in EW Education the survey form rs in the World August Residentia World sent by the Hindusta 2007 issue (pre-
l Schools magazine - Defendant to n Times
C-fore) Survey during schools vide - C fore
2008 (sent pendency of emails dated School
EW-IMRB to the agency 20.01.2024 and Survey
Survey @Page Defendant relationship 21.01.2024 2009
No. 137 of the on with C-fore @Page No. @Page
Suit 01.09.200 @ Page No. 287 of the Suit No. 326
Paperbook 8) 276 of the Suit Paperbook of the
(PDF Page No. @Page Paperbook (PDF Page No. Suit
333) No. 173 of (PDF Page No. 492) Paperbo
the 481) ok
document
s in sealed
cover
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 20/02/2024 at 21:15:23 (PDF (PDF Page No. Page No.
179) 531)
1.Academic 1. 1. Teacher 1. Teacher Care 1.
reputation Academic Welfare and and growth Infrastru reputation Development Environment cture and Facilities
2. Co-curricular 2. Co- 2. Co-curricular 2.Co-curricular 2. Sports education curricular activities & activities facilities education Internationalis m
3.Sports 3. 3. Competence 3.Teacher 3.
education Competen of Teachers competence Academi
ce of and cs and
faculty relationship Pedagog
y
4. Quality of 4. 4. Individual 4. Individual 4.Teache
teachers Individual attention to attention to r training
attention students Students program
to students mes
5.Teacher-pupil 5. 5. Curriculum 5. Pedagogy & 5.
ratio Infrastruct and Pedagogy Relevant Number
ure (hybrid Curriculum of
provision learning exchange
readiness) program
mes
6. Value for 6. 6. Academic 6. Academic 6.
money Integrity/h reputation Rigour Number
onesty of
societies/
clubs of
different
pursuits
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 20/02/2024 at 21:15:23
7. 7. Quality 7. Sports 7. Sports 7.
Leadership/ma of alumni Education Number
nagement of
quality recogniz
8. Parental 8. 8. 8. ed
involvement Leadership Leadership/ma Leadership/Go awards
manageme nagement vernance
nt quality quality
9. Infrastructure 9. Parental 9. Parental 9.Parents
involveme involvement in Involvement &
nt school Education
activities
10. Quality of 10. 10. 10.
alumni Selectivity Infrastructure Infrastructure
provision
11. 11. Value 11. Special 11.Life
Integrity/honest for money needs and Skills/Social
y education Intelligence
12. Selectivity 12. Sports 12. Value for 12. Value for
(in admission) education money money
13. Mental & 13. Social
emotional well- engagement/in
being services clusivity
14. Community 14.
Service Placements/Al
umni
15. Pastoral
Care
16. Safety and
Hygiene
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 20/02/2024 at 21:15:23
11. At this stage, without making an observation on merits of the matter, in order to avoid any chance of confusion in the mind of the school/institution being surveyed, it is directed that in the interim - defendant shall not use the exactly the same language as that used in the parameters of plaintiff (in particular it is noted that serial nos. 4 and 12 are exactly the same for both plaintiff's and defendant's parameters, which may accordingly be altered by defendant). Also, the defendant should adopt a different numerical order of these parameters as part of their survey form/questionnaire.
12. These directions will be implemented going forward, since it has been pointed out by counsel for defendant that certain survey questionnaires have already been dispatched in the form that is presented above.
13. It is reiterated that the directions above are without prejudice to the rights and contentions of the parties, who have agreed for mediation presently.
14. List before the Court 19th March, 2024.
15. Order be uploaded on the website of this Court.
ANISH DAYAL, J FEBRUARY 16, 2024/MK/na 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 20/02/2024 at 21:15:23