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Philip Morris Brands S.A.R.L vs Ntc Industries Limited & Anr on 18 April, 2023

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~21
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CS(COMM) 402/2020
                                 PHILIP MORRIS BRANDS S.A.R.L                               ..... Plaintiff
                                                    Through:      Ms. Nancy Roy, Ms. Prakriti
                                                                  Varshney and Mr. Prashant,
                                                                  Advocates.

                                                    versus

                                 NTC INDUSTRIES LIMITED & ANR.                           ..... Defendants
                                                    Through:      Ms. Rajeshwari H, Ms. Sugandh
                                                                  Shahi and Mr. Harsh Surana,
                                                                  Advocates.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                                    ORDER

% 18.04.2023 I.A. 13395/2021 (seeking closure of right of defendants to file written statement)

1. Plaintiff seeks closure of right to file a written statement, contending that the Defendants failed to file the same within the timeline prescribed under law. According to Plaintiff, counsel for Defendant No. 1 was present on 28th September, 2020, when the summons and notice in injunction application [I.A. 8655/2020] were issued. Therefore, time period to file a written statement started running from the said date. Later, on 03rd November, 2020, the Court was informed that Defendant No. 2 will also be represented by counsel for Defendant No. 1. As per Order VIII Rule 1 of the Code of Civil Signature Not Verified Digitally Signed By:NITIN KAIN Signing Date:22.04.2023 16:09:43 Procedure, 1908 as amended by the Commercial Courts Act, 2015 ["CPC"], the timeline of 30 days expired on 28th October, 2020; the written statement filed belatedly on 15th January, 2022 cannot be permitted to be taken on record.

2. Counsel for Defendants, on the other hand, places reliance on Re:

Cognizance for Extension of Limitation,1 and argues that the overall condonable time limit for filing of written statement had not expired by 15th January, 2022.

3. Heard the counsel. The date of service of summons and date of filing of the written statement is not in dispute. The only question is whether the written statement can be permitted to be taken on record. The Supreme Court in Re: Cognizance for Extension of Limitation, has enlarged the limitation period by 90 days from 01st March, 2022, in case the limitation period, whether condonable or not, expired between 15th March, 2020 and 28th February, 2022. In view of these circumstances and in light of the decision of a Coordinate Bench in Hemant Verma v. M/s Daina Techno Solutions Pvt. Ltd.,2 the written statement is taken on record.

4. The application is disposed of.

I.A. 8655/2020 (seeking ex-parte ad interim and interim injunction against the Defendant)

5. Defendants are presently bound by the undertakings recorded in the previous orders. The said undertakings shall continue to bind them till the disposal of the present suit.

Order dated 10th January, 2022 in Suo Motu Writ Petition (Civil) No. 3/2020.

6. In light of the above, the present application is disposed of.

CS(COMM) 402/2020

7. Plaintiff is permitted to file a replication to the written statement within 45 days from today.

8. The parties shall also file their affidavits of admission/denial within four weeks from today.

9. List before the Joint Registrar of completion of pleadings, marking of exhibits and filing of joint schedule of documents on 17th July, 2023.

10. List before the Court for case management and framing of issues on 12th September, 2023.

SANJEEV NARULA, J APRIL 18, 2023 nk 2 DHC Neutral citation: 2022:DHC:2926.