Delhi High Court - Orders
Inter Ikea Systems Bv vs Quess Corp Limited on 16 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M)-IPD 14/2023, CM 132-34/2023
INTER IKEA SYSTEMS BV ..... Petitioner
Through: Mr. Samar Bansal, Mr. Rohan
Krishna Seth, Ms. Parkhi Rai, Advs.
(M. 7007410620)
versus
QUESS CORP LIMITED ..... Respondent
Through: Mr. Manu Sheshadri, Mr. Aveak
Ganguly, Mr. Anubhav Mishra and
Mr. Sahil Manganani, Advs.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 16.10.2023
1. This hearing has been done through hybrid mode. CM NO.134/2023 (for exemption)
2. This is an application seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, left side margins, electronic documents, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.
3. Exemption is allowed, subject to all just exceptions. Accordingly, the application is disposed of.
CM(M)-IPD 14/2023 & CM NO.132/2023, 133/2023
4. This is a petition filed by the Petitioner- Inter Ikea Systems BV challenging the impugned order dated 3rd July, 2023 passed by the ld. ADJ, South, Saket Courts, New Delhi (hereinafter referred as "Trial Court"). By way of the impugned order, certain additional documents filed by the CM(M)-IPD 14/2023 Page 1 of 3 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 17/10/2023 at 17:24:40 Respondent- Quess Corp Limited before the Trial Court have been permitted to be taken on record.
5. The grievance of the Petitioner is that the Petitioner's evidence has been concluded, and thereafter, 2000 pages documents have been filed by the Respondent, in order to delay the trial and final arguments in the said suit.
6. On the other hand, ld. Counsel for the Respondent submits that it is the Petitioner's witnesses, who are not available for cross-examination and therefore, the delay cannot be attributed to the Respondent. Ld. Counsel for the Respondent further submits that the Respondent has also filed a petition under Article 227 titled M/s Ques Corp Ltd. v. M/s Inter Ikea Systems, against a part of the impugned order which disallowed certain documents filed the Respondent from being taken on record. The said petition is yet to be numbered.
7. The list of witnesses of the Respondent has 14 witnesses. Ld. Counsel for the Respondent seeks time to take instructions on the manner in which the list of witnesses can be shortened, considering the fact that most of the witnesses are sought to be produced for proving public records.
8. Since these petitions are cross-petitions against the same impugned order, let the petition of the Respondent, subject to clearing of objections, be placed before this Court on 18th October, 2023 in the supplementary list, on which date a comprehensive order shall be passed in both the petitions.
9. Let the electronic record of the suit titled "M/s Inter Ikea Systems BV v. Quess Corp Ltd., TM No. 58/2016" before the Trial Court be requisitioned for the next date of hearing. An intimation be sent to the Principal District & Sessions Judge, Saket Courts, New Delhi for the said CM(M)-IPD 14/2023 Page 2 of 3 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 17/10/2023 at 17:24:40 purpose.
10. CM No.133/2023 for requisitions of court records is disposed of.
11. Copy of the order be given dasti to both the parties.
PRATHIBA M. SINGH, J.
OCTOBER 16, 2023/dk/ks CM(M)-IPD 14/2023 Page 3 of 3 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 17/10/2023 at 17:24:40