Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Popsockets Llc vs Flipkart India Private Limited & Ors on 7 October, 2022

Author: Navin Chawla

Bench: Navin Chawla

                    $~20
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +    CS(COMM) 496/2020
                         POPSOCKETS LLC                                ..... Plaintiff
                                       Through: Ms.Prakriti Varshney, Ms.Aastha
                                                Kakkar, Mr.Prashant, Advs.
                                       versus

                             FLIPKART INDIA PRIVATE LIMITED & ORS.     ..... Defendants
                                           Through: Mr.Dheeraj Nair, Ms.Shruti Dass,
                                                    Advs. for D-2 & 6.

                             CORAM:
                             HON'BLE MR. JUSTICE NAVIN CHAWLA
                                          ORDER

                    %                     07.10.2022
                    I.A.16319/2022

1. By this application, the plaintiff prays for extension of time to file the replication.

2. By the order of this Court dated 21.07.2022, the application filed by the plaintiff under Order VI Rule 17 of the Code of Civil Procedure, 1908 seeking an amendment of its plaint was allowed. The plaintiff was granted a period of 30 days from the receipt of the written statement(s) of the defendants to file the replication. The same expired on 27.09.2022.

3. The learned counsel for the defendant nos.2 and 6, who appears on advance notice of the application, submits that in view of the judgment of this Court in Ram Sarup Lugani & Anr. v. Nirmal Lugani & Ors., 2020 SCC OnLine Del 1353, this Court cannot extend the period for filing of the replication beyond a period of 15 days after the expiry of the 30 day period as prescribed in Delhi High Court (Original Side) Rules, 2018. She further submits that the said period of 15 days will expire on 12.10.2022.

4. The plaintiff, for the reasons stated in the application, is permitted to file the replication within the extended period of 45 days of the receipt of the written statement(s) of the defendants alongwith the affidavit of admission/denial of the documents of the plaintiff, without which the replication shall not be taken on record.

5. The application is disposed of.

NAVIN CHAWLA, J OCTOBER 7, 2022/Arya Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:10.10.2022 16:02:06