Walmart Apollo Llc vs New Wallmart Hanging Systems & Anr on 24 January, 2023

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Delhi High Court - Orders

Walmart Apollo Llc vs New Wallmart Hanging Systems & Anr on 24 January, 2023

Bench: C. Hari Shankar

                  $~19 (Original)
                  *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +      CS(COMM) 764/2022 & I.A. 18027/2022, I.A. 18028/2022,
                         I.A. 22347/2022, I.A. 1382/2023, I.A. 1383/2023

                         WALMART APOLLO LLC                ..... Plaintiff
                                    Through: Mr. Zeeshan Khan and Mr.
                                    Ayush Samaddar, Advs.

                                            versus

                         NEW WALLMART HANGING SYSTEMS & ANR.
                                                               ..... Defendants
                                    Through: Mr. Naman Joshi and Ms.
                                    Ritika Vohra, Adv. for D-2

                         CORAM:
                         HON'BLE MR. JUSTICE C. HARI SHANKAR
                                      ORDER

% 24.01.2023 I.A. 1383/2023 in CS(COMM) 764/2022

1. For the reasons stated therein, delay is condoned. The application is allowed.

I.A. 1382/2023 in CS(COMM) 764/2022

2. This is an application by Defendant 2 seeking deletion from the array of parties.

3. Issue notice, returnable on 27th March 2023.

4. Notice is accepted, on behalf of plaintiff, by Mr. Zeeshan Khan.

5. Reply, if any, be filed within four weeks with advance copy to learned Counsel for the applicant/Defendant 2 who may file rejoinder Signature Not Verified Digitally Signed CS(COMM) 764/2022 Page 1 of 3 By:SUNIL SINGH NEGI Signing Date:25.01.2023 15:01:38 thereto, if any, within four weeks thereof.

I.A. 22347/2022 in CS(COMM) 764/2022

6. Observing that a prima facie case of contempt had been made out, a coordinate Bench of this Court had, on 23 rd December 2022, directed issuance of notice to the contemnors mentioned in para 8 of the application.

7. However, the Registry reports that service of notice is awaited.

8. Let fresh notice of this application issue to the said contemnors. Additionally, let notice be served on the contemnors dasti through the process server attached to this Court as well as by e-mail and speed post.

9. Report of service be placed on record before the next date of hearing.

10. Response to this application, if any, may be filed within four weeks with advance copy to learned Counsel for the applicant who may file rejoinder thereto, if any, within four weeks thereof.

11. Re-notify on 27th March 2023.

I.A. 18027/2022

12. Re-notify on 27th March 2023.

CS(COMM) 764/2022 & I.A. 18028/2022

13. List before the learned Joint Registrar (Judicial) for completion Signature Not Verified Digitally Signed CS(COMM) 764/2022 Page 2 of 3 By:SUNIL SINGH NEGI Signing Date:25.01.2023 15:01:38 of pleadings, admission/denial of documents and marking of exhibits on 28th February 2023 whereafter the matter would be placed before the court for further proceedings.

C. HARI SHANKAR, J.

JANUARY 24, 2023 dsn Signature Not Verified Digitally Signed CS(COMM) 764/2022 Page 3 of 3 By:SUNIL SINGH NEGI Signing Date:25.01.2023 15:01:38

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Delhi High Court - Orders