Delhi High Court - Orders
Koninklijke Philips N.V vs Vivo Mobile Communication Coltd & Ors on 17 November, 2020
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM)383/2020 & I.A. Nos. 8251, 8258, 8259, 9620,
10545/2020
KONINKLIJKE PHILIPS N.V. .....Plaintiff
Through : Mr. Chander M. Lall, Sr. Adv. with Ms.
Saya Choudhary Kapur, Mr. Ashutosh
Kumar, Mr. Devanshu Khanna, Mr. Nikhil
Chawla, Ms. Nancy Roy, Mr. Palash
Maheshwari, Ms. Vrinda Bagaria, Mr.
Munesh Sharma and Mr. Swarnil Dey,
Advs.
versus
VIVO MOBILE COMMUNICATION COLTD & ORS.
.....Defendants
Through : Mr. Saikrishna Rajagopal, Mr. Siddharth
Chopra, Ms. Julien George, Ms. Garima
Sahney, Dr. Amitavo Mitra, Ms. Anu
Paarcha, Dr. Victor Vaibhav Tandon,Mr.
Arjun Gadhoke, Mr. Vivek Ayyagari , Mr.
Avijit Kumar and Mr. Aniruddh Bhatia,
Advs. for D-1 & 2.
Mr. Manav Kumar, Adv. for D-3.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 17.11.2020 [Court hearing convened via video-conferencing on account of COVID-19]
1. I have heard the counsel for the parties at some length.
2. Counsel for the parties are agreed that in order to hasten the trial in the suit and final adjudication, the following directions can be issued:
CS(COMM)383/2020 1/4 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:19.11.2020 14:04:02(i) The defendant nos. 1 and 2 will not create any encumbrance or third -
party rights in the immovable property and the superstructure described as follows:
"IT Park - Plot No. 8, Sector 24, Yamuna Expressway Area, Uttar Pradesh"
(ii) The defendant nos. 1 and 2 will file an affidavit, to that effect, and, in particular, shall indicate that they have the title to the aforementioned property and that no encumbrance or third-party rights will be created during the adjudication of the instant case. The affidavit will be filed within 7 days from today; a copy of which will be furnished to the counsel for the plaintiff.
(iii) Written statement will be filed by the defendant nos. 1 and 2 within five weeks from today.
(iv) Since Mr. Saikrishna, who appears for defendant nos. 1 and 2 makes an assertion that certain documents, which are referred to in the plaint , have not been furnished, it is made clear that as and when such documents are sought to be filed by the plaintiff, a decision will be taken as to whether or not the defendant nos. 1 and 2 should be permitted to file an additional written statement.
(v) Replication to the written statement filed by defendant nos. 1 and 2 will be filed within five weeks of the same being served on the plaintiff.
(vi) The parties, will also file their respective affidavits admitting/denying each other's documents.
3. It is ordered accordingly.
CS(COMM)383/2020 2/4 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:19.11.2020 14:04:024. The interlocutory app lication filed under the provisions of order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 i.e. I.A. No.8251/2020 is, consequently, disposed of.
I.A. No.8259/20205. Mr. C.M. Lall, learned senior counsel, who appears for the p laintiff, says that insofar as the documents qua which access is sought by defendant nos. 1 and 2, he has instructions to convey to the Court that the access can be given albeit to the external experts of defendant nos. 1 and 2, which includes their lawyers.
5.1 Mr. Saikrishna says that defendant nos. 1 and 2 have constituted a team for this purpose, consisting of two external experts and eight lawyers. 5.2 Mr. Saikrishna further says that he will provide the names of the external experts not later than two days from today.
6. Mr. Lall says that the access will be given to these persons qua all the comparable licenses as identified by the plaintiff's experts. 6.1 The statement of Mr. Lall is taken on record.
7. Needless to add, both sides will follow the protocols as laid down in the extant rules for progressing the mechanism of confidentiality club which is adverted to herein.
8. List the captioned application on 10.02.2021. CS(COMM)383/2020 & I.A. Nos. 8258, 9620, 10545/2020
9. To be noted, according to the plaintiff, defendant nos.3 to 5 are the distributors of defendant nos. 1 and 2.
CS(COMM)383/2020 3/4 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:19.11.2020 14:04:029.1 Mr. Manav Kumar, who appears for defendant no. 3, says that he would want to move an application for deletion of defendant no. 3 from array of parties.
9.2 I may also note that there is no representation on behalf of defendant nos. 4 and 5.
9.3 As and when, such an application is moved by defendant no. 3 , the requisite directions, if necessary, in that behalf, will be issued.
10. List the matter on 10.02.2021.
RAJIV SHAKDHER, J NOVEMBER 17, 2020 pmc Click here to check corrigendum, if any CS(COMM)383/2020 4/4 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:19.11.2020 14:04:02