Delhi High Court - Orders
Filing Notarised Affidavits And ... vs Vtech Soft Solutions & Ors on 1 September, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 110/2020
I.A. 3498/2020 (under Order XXXIX Rule 1 and 2 CPC)
I.A. 7098/2020 (under Order XXXIX Rule 2A CPC)
I.A. 7543/2020 (under Section 151 CPC seeking exemption from
filing notarised affidavits and physical copies of application-by
plaintiff)
I.A. 7544/2020 (under Order I Rule 10 CPC-by plaintiff)
SAP SE ..... Plaintiff
Represented by: Mr.Ranjan Narula, Advocate.
versus
VTECH SOFT SOLUTIONS & ORS. ..... Defendants
Represented by: Mr.Neel Mason, Ms.Ridhima Pabbi,
Mr.Vihan Dang and Ms.Aditi
Umapathy, Advocate for defendant
No.29/YouTube & Google LLC.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 01.09.2020 The hearing has been conducted through Video Conferencing. I.A. 7543/2020 (under Section 151 CPC seeking exemption from filing notarised affidavits and physical copies of application-by plaintiff)
1. By this application, plaintiff seeks exemption from filing notarised affidavits in support of this application and I.A. 7544/2020 under Order I Rule 10 CPC.
2. Plaintiff/applicant is exempted from filing the notarised affidavit at this stage. The same be filed within two weeks from today.
Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 110/2020 Page 1 of 3Signing Date:01.09.2020 19:58:33 This file is digitally signed by PS to HMJ Mukta Gupta
3. Application is disposed of.
I.A. 7544/2020 (under Order I Rule 10 CPC-by plaintiff)
1. By this application, plaintiff seeks leave to implead Google LLC, Automatic Inc and MarkMonitor Inc as three parties as defendant No.1 continues to carry on its business by creating websites on the domains owned and run by defendant Nos.31 to 32 as a service to create website and according to the plaintiff it is essential to bring down the said impugned websites.
2. Learned counsel for Google LLC enters appearance. He states that Google LLC has also filed an application for impleadment as defendant instead of defendant No.29, that is, YouTube for the reason Indian operations of YouTube have been taken over by Google LLC.
3. Learned counsel for the defendant No.29 states that his application has not come on record as yet and since the plaintiff itself seeks impleadment of Google LLC, he has no objection of this application being allowed seeking impleadment of Google LLC. Learned counsel defendant No.29 states that Google LLC be impleaded as defendant No.29 instead of YouTube and the copy of application be supplied to him so that he can go through the contents of the same. Copy of the application be supplied by learned counsel for the plaintiff to Mr.Neel Mason, learned counsel for defendant No.29.
4. Considering the nature of averments, the other two entities mentioned in the application, that is, Automatic Inc and MarkMonitor Inc. are also impleaded as defendant Nos.32 and 33.
5. Amended memo of parties has already been filed along with the application at pages 28 to 35. The same is taken on record.
Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 110/2020 Page 2 of 3Signing Date:01.09.2020 19:58:33 This file is digitally signed by PS to HMJ Mukta Gupta
6. Application is disposed of.
CS(COMM) 110/2020 I.A. 3498/2020 (under Order XXXIX Rule 1 and 2 CPC)
1. Issue notice to the newly added defendant Nos.32 and 33, that is, Automatic Inc and MarkMonitor Inc on the plaintiff taking steps through email, returnable before this Court on 7th January, 2021. I.A. 7098/2020 (under Order XXXIX Rule 2A CPC)
1. List on 7th January, 2021.
2. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
SEPTEMBER 01, 2020 'vn' Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 110/2020 Page 3 of 3 Signing Date:01.09.2020 19:58:33 This file is digitally signed by PS to HMJ Mukta Gupta