Delhi High Court - Orders
Pooja vs Pushpendra Singh & Anr on 24 May, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 449/2023
POOJA ..... Petitioner
Through: Mr. Krishna Murari, Advocate.
versus
PUSHPENDRA SINGH & ANR. ..... Respondents
Through: Mr. Prateek Singh Chaudhary,
Advocate for R-1.
Mr. Ajit Warrier, Mr. Anand
Kochhar, Mr. Sajal Mendiratta and
Mr. Akash Deep Singh, Advocates for
X Corp., Successor in Interest to
Twitter, Inc./ R-2.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 24.05.2023 [ The proceeding has been conducted through Hybrid mode ] CM APPL. 27860/2023 (for substitution as respondent no.2 in place of original respondent)
1. This is an application filed on behalf of X Corp., Successor in interest of Twitter, Inc. which was hereinbefore arrayed as the respondent No.2.
2. By way of the present application, the erstwhile respondent No.2, Twitter Inc. is seeking, its successor in interest to be substituted as respondent No.2 in place of Twitter Inc.
3. There is no objection to the present application.
4. The application is allowed. Respondent No.2 shall now be read as X Corp. in place of Twitter Inc.
5. The amended memo of parties filed by the applicant/ 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 25/09/2023 at 04:01:51 respondent No.2 is taken on record and may be treated as the amended memo of parties for all intents and purposes.
6. The application stands disposed of.
CM(M) 449/2023 & CM APPL. 13372/2023 (for stay)
7. Learned counsel for the respondent seeks and is permitted to file a detailed reply to the petition including the issue of maintainability, as raised by him.
8. Learned counsel for the respondent vehemently submits that the present petition is not maintainable for the reason that there is an equally efficacious alternate remedy available under the Code of Civil Procedure, 1908 which ought to have been exhausted by the petitioner before approaching this Court.
9. Learned counsel further submits that the petition under Article 227 of the Constitution of India would be exercised only when there is no possibility of any other remedy available with the petitioner.
10. Petitioner is directed to be prepared with the arguments in respect of the maintainability of the present petition, on the next date of hearing.
11. List on 06.11.2023.
TUSHAR RAO GEDELA, J MAY 24, 2023/nd 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 25/09/2023 at 04:01:51