Bombay High Court
Phonepe Private Limited vs Resilient Innovations Private Limited on 27 June, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
24-ial-25032-2021.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO.25032 OF 2021
IN
COM IPR SUIT NO.160 OF 2022
PhonePe Private Ltd. ...Applicant/
Plaintiff
Versus
Resilient Innovations Pvt. Ltd. ...Defendant
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Tanvi Sinha, Mr. Vismay Malkan and Mr. Prashant Pandharikar i/b.
Saikrishna & Associates for the Applicant / Plaintiff.
Mr. Nishad Nadkarni, Mr. Aasif Navodia, Ms. Khushboo
Jhunjhunwala and Mr. Abhishek Kotnala i/b. Khaitan and Co. for the
Defendant.
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CORAM : R.I. CHAGLA J
DATE : 27TH JUNE, 2022
ORDER :
1. Heard learned Counsel for parties.
2. The learned Advocate for the Plaintiff has sought amendment of the cause title of the Plaint, cause title of the Vakalatnama, Cause title of the Interim Application bearing Interim 1/3 ::: Uploaded on - 29/06/2022 ::: Downloaded on - 29/06/2022 22:57:26 ::: 24-ial-25032-2021.doc Application (L) No.25032 of 2021 and cause title of the Leave Petition (L) NO.25033 of 2021 to reflect the address of the Defendant being 45, First and Second Floor Corner Market, Malviya Nagar, South Delhi, New Delhi 110 017, IN.
3. There is no objection to the amendment being sought by the Plaintiff.
4. In view thereof, the Plaintiff is permitted to carry out amendments as per draft amendment within a period of one week from today i.e. on or before 4th July, 2022. Re-verification is dispensed with.
5. The learned Advocate for the Defendant does not object to the direction being sought by the Plaintiff as to the issuance of fresh Writ of Summons being dispensed with, subject to the Plaintiff not raising any objection as to any delay in filing of the Written Statement as the same has been filed within 120 days from the directions of service of summons.
6. The learned Advocate for the Plaintiff states that the 2/3 ::: Uploaded on - 29/06/2022 ::: Downloaded on - 29/06/2022 22:57:26 ::: 24-ial-25032-2021.doc Plaintiff will not object to Written Statement being taken on record provided it is filed within 120 days.
7. In view thereof, the Registry is directed that there shall be no issuance of fresh summons as the Affidavit of Service of summons has been filed with the Registry.
8. The learned Advocate for the Defendant has sought time to file Affidavit in Sur Rejoinder to the Affidavit in Rejoinder filed by the Plaintiff. The Defendant shall file Affidavit in Sur Rejoinder within a period of one week from today i.e. on or before 4th July, 2022.
9. Since the pleadings have been completed, the Interim Application No.25032 of 2021 shall be placed on 14th July, 2022 for ad-interim relief.
[R.I. CHAGLA J.] 3/3 ::: Uploaded on - 29/06/2022 ::: Downloaded on - 29/06/2022 22:57:26 :::