Phillips 66 Company vs Raaj Unocal Lubricants Limited on 4 June, 2021

[Cites 4, Cited by 2]

Delhi High Court - Orders

Phillips 66 Company vs Raaj Unocal Lubricants Limited on 4 June, 2021

Bench: Sanjeev Narula

$~9
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(COMM) 285/2021
      PHILLIPS 66 COMPANY                                        ..... Plaintiff
                          Through:     Mr. Rajshekhar Rao, Senior Advocate
                                       with Ms. Shwetasree Majumder,
                                       Ms. Diva Arora, Mr. Aditya Verma
                                       and Ms. Vasundhara Majithia,
                                       Advocates.

                          versus

      RAAJ UNOCAL LUBRICANTS LIMITED              ..... Defendant
                   Through: Mr. Akhil Sibal, Senior Advocate
                            with Mr. Kapil Wadhwa,
                            Ms. Deepika Pokharia and
                            Ms. Deepshri, Advocates.

     CORAM:
     HON'BLE MR. JUSTICE SANJEEV NARULA
             ORDER

%            04.06.2021
[VIA VIDEO CONFERENCING]

I.A. 7420/2021 (u/O 11 R 1(4) of the Commercial Courts Act, 2015 r/w Section 151 CPC seeking leave to file additional documents)

1. This is an application seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (in short 'Commercial Courts Act').

2. The Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act.

3. Accordingly, the application stands disposed of.

CS(COMM) 285/2021 Page 1 of 4

I.A. 7421 & 7424/2021 (for exemption)

4. Allowed, subject to all just exceptions.

5. The applications are disposed of.

I.A. 7422/2021 (seeking exemption from filing suit papers without notarization)

6. The present application under Section 151 of the Code of Civil Procedure, 1908 (in short 'CPC') on behalf of the Plaintiff seeks exemption from filing suit papers without notarization.

7. The application is allowed, subject to the Plaintiff filing the exempted documents within two weeks from the day the lockdown restrictions imposed by the Government of NCT of Delhi are lifted and the facility for attestation of affidavits is resumed.

8. The application stands disposed of.

I.A. 7423/2021 (seeking exemption from filing the requisite court fee)

9. The present application under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 (in short 'CPC') on behalf of the Plaintiffs seeks exemption from filing the requisite court fee.

10. The Plaintiffs submit that due to the current COVID-19 pandemic and resultant restrictions, they are unable to procure the necessary court fee stamps. Due to the urgency of the matter, Plaintiff has filed the subject suit without the court fee.

11. The application is allowed, subject to the Plaintiffs filing the requisite court fee within two weeks from the day the lockdown restrictions imposed by the Government of NCT of Delhi are lifted and the facility for obtaining CS(COMM) 285/2021 Page 2 of 4 court fees is resumed.

12. The application stands disposed of.

CS(COMM) 285/2021

13. Let the plaint be registered as a suit.

14. Issue summons. Summons is accepted Mr. Kapil Wadhwa, learned counsel for the Defendant. The written statements shall be filed by the Defendants within 30 days from today. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statements shall not be taken on record.

15. Liberty is given to the Plaintiffs to file replications within 15 days of the receipt of the written statements. Along with the replications, if any, filed by the Plaintiffs, an affidavit of admission/denial of documents of the Defendant, be filed by the Plaintiff, without which the replications shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

16. List before the Joint Registrar for marking of exhibits on 9th August, 2021. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

I.A. 7419/2021 (under Order 39 Rule 1 and 2)

17. Issue notice. Mr. Kapil Wadhwa, learned counsel for the Defendant accepts notice.

18. Reply, if any, be filed within a period of four weeks. Rejoinder, if any, be filed before the next date of hearing.

19. The counsel for the parties state that the present suit be taken up CS(COMM) 285/2021 Page 3 of 4 alongwith another connected suit [CS (COMM) 100/2021] listed for hearing before the Court of Hon'ble Mr. Justice C. Hari Shankar on 9th July, 2020. Accordingly, subject to the orders of Hon'ble the Judge-In-Charge, list the present suit along with CS (COMM) 100/2021 before any one bench, on 9th July, 2021.

SANJEEV NARULA, J JUNE 4, 2021 nk CS(COMM) 285/2021 Page 4 of 4

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Delhi High Court - Orders