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Delhi High Court - Orders

Fiitjee Ltd vs Sadbhawna Today & Anr on 24 April, 2024

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                                    $~9
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CS(OS) 225/2021 & I.A. 5723/2021, I.A. 8639/2021, I.A.
                                                15174/2021
                                                FIITJEE LTD.                                                                      ..... Plaintiff
                                                                                      Through:                Mr. K.C. Mittal, Mr. Yugansh Mittal
                                                                                                              and Ms. Sima Gulati, Advocates.
                                                                                      versus

                                                SADBHAWNA TODAY & ANR.                                                            ..... Defendants
                                                                                      Through:                Ms. Pracheta Kar and Mr. Samarth
                                                                                                              Chowdhary, Advocates for D-1.

                                                CORAM:
                                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                             ORDER

% 24.04.2024 I.A. 1743/2022 & CCP(O) 21/2021 By way of I.A. No.1743/2022 filed under Order VII Rule 11 of the Code of Civil Procedure 1908 ('CPC'), defendant No.1 prays that the plaint be rejected, alleging inter-alia that it does not disclose a cause of action.

By way of CCP(O) No.21/2021 filed under sections 11 and 12 of the Contempt of Courts Act 1971, the plaintiff alleges violation by the defendants of order dated 20.04.2021 passed by this court in I.A. No.5723/2021.

In the course of hearing I.A. No.1743/2022 and CCP(O) No.21/2021, it transpires that the exact contents of the allegedly offensive content, which is the basis of the suit, are not extracted anywhere in the body of the plaint.

CS(OS) 225/2021 Page 1 of 2

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 01/05/2024 at 20:31:55 Mr. K.C. Mittal, learned counsel appearing for the plaintiff submits, that a recording of the offensive content had been filed. Counsel seeks time to play the offensive content in Court; and to also place on record a copy of the offensive content alongwith a transcript thereof, that would be required for deciding I.A. No.1743/2022 filed under Order VII Rule 11 CPC.

Let the needful be done before the next date; with copy to the opposing counsel.

It is made clear that though defendant No.1 has placed a version of the transcript on record alongwith their written statement, that cannot be looked- into for deciding the application under Order VII Rule 11 CPC.

Re-notify on 07th August 2024.

Interim order to continue, till the next date of hearing.

ANUP JAIRAM BHAMBHANI, J APRIL 24, 2024/ak CS(OS) 225/2021 Page 2 of 2 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 01/05/2024 at 20:31:55