Delhi High Court - Orders
Cadbury Uk Limited vs Mr.Ankur Ramesh Shah (Aliyas) Nagada & ... on 8 April, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 290/2024
CADBURY UK LIMITED ..... Plaintiff
Through: Ms. Nancy Roy, Ms. Prakriti
Varshney, Ms. Ananya Chug and
Mr. Prashant, Advocates.
versus
MR.ANKUR RAMESH SHAH (ALIYAS) NAGADA & ORS.
..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 08.04.2024 I.A. 7764/2024 (exemption from filing original or certified/ apostille and clearer copies with proper margins of the documents)
1. Exemption is granted, subject to all just exceptions.
2. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
I.A. 7763/2024 (seeking leave to file additional documents)
4. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
5. Applicant, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.
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 13/04/2024 at 00:28:34
6. Accordingly, the application stands disposed of.
I.A. 7762/2024 (seeking exemption from pre-institution mediation and settlement)
7. Issue notice, upon filing of process fee, by all permissible modes, returnable on the next date of hearing. Reply, if any, be filed within four weeks from date of service. Rejoinder thereto, if any, be filed within two weeks thereafter.
8. Re-notify on 1st May, 2024.
I.A. 7765/2024 (seeking permission to file videos in a compact disc)
9. The Plaintiff seeks the leave of the Court to place on record certain video recordings, which form the subject matter of the present suit in a pen drive. Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018 makes it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said Rule is extracted below: -
"24. Reception of electronic evidence -A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry. The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872."
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 13/04/2024 at 00:28:34
10. Registry may receive electronic record on CD-ROM so long as it is encrypted with a hash value or in any other non-editable format. The video recording contained in CD-ROM be placed in the electronic record of the present suit in a format which is non-editable, so that the same can be viewed by the Court during hearing.
11. Application is disposed of.
CS(COMM) 290/2024
12. Let the plaint be registered as a suit.
13. Upon filing of process fee, issue summons to the Defendants by all permissible modes. Summons shall state that the written statement shall be filed by the Defendants within 30 days from the date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.
14. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, 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.
15. List before the Joint Registrar for marking of exhibits on 9th July, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
16. List before Court for framing of issues thereafter.
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 13/04/2024 at 00:28:34 I.A. 7761/2024 (under Order XXXIX Rules 1 & 2 read with Section 151 of the CPC on behalf of the Plaintiff)
17. Issue notice, upon filing of process fee, by all permissible modes including dasti, returnable on the next date of hearing.
18. Notice shall indicate that the Defendants, if they so desire, must file their reply to the instant application within a period of one week from the date of service. Plaintiff shall then be permitted to file a rejoinder thereto, on or before the next date of hearing.
19. List on 1st May, 2024.
SANJEEV NARULA, J APRIL 8, 2024 nk 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 13/04/2024 at 00:28:34