Delhi High Court - Orders
M/S Vans Inc Usa vs Fateh Chand Bhansali & Anr on 25 April, 2023
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~7, 12 & 19 & 21(Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 416/2022 & I.A. 5971/2023
M/S VANS INC USA ..... Petitioner
Through: Mr. Samrat Nigam, Mr.
Mankaran Singh, Mr. Neeraj Bhardwaj and
Ms. Anusha Banerjee, Advs.
versus
FATEH CHAND BHANSALI & ANR ..... Respondents
Through: Mr. Saurabh Agarwal, Ms.
Ridhima Purohit, Ms. Shruti Jakhar and Mr.
Gyanendra Singh, Advs.
+ CS(COMM) 449/2022 & I.A. 5857/2023, I.A. 7807/2023
VANS INC. USA ..... Petitioner
Through: Mr. Samrat Nigam, Mr.
Mankaran Singh, Mr. Neeraj Bhardwaj and
Ms. Anusha Banerjee, Advs.
versus
FATEH CHAND BHANSALI TRADING AS PAWAN
TRADING CO. AND ANR. ..... Respondents
Through: Mr. Saurabh Agarwal, Ms.
Ridhima Purohit, Ms. Shruti Jakhar and Mr.
Gyanendra Singh, Advs.
+ C.O. (COMM.IPD-TM) 161/2021 & I.A. 6763/2023
M/S VANS INC. USA ..... Petitioner
Through: Mr. Samrat Nigam, Mr.
Mankaran Singh, Mr. Neeraj Bhardwaj and
Ms. Anusha Banerjee, Advs.
versus
FCB GARMENT TEX INDIA ( P) LTD. AND ANR.
..... Respondents
Through: Mr. Saurabh Agarwal, Ms.
Ridhima Purohit, Ms. Shruti Jakhar and Mr.
Signature Not Verified
Digitally Signed
By:KAMLA RAWATC.O. (COMM.IPD-TM) 416/2022 & other matters Page 1 of 4
Signing Date:27.04.2023
16:55:30
Gyanendra Singh, Advs.
+ C.O.(COMM.IPD-CR) 682/2022 & I.A. 6729/2023
VANS INC. USA ..... Petitioner
Through: Mr. Samrat Nigam, Mr.
Mankaran Singh, Mr. Neeraj Bhardwaj and
Ms. Anusha Banerjee, Advs.
versus
PAWAN TRADING CO. AND ANR. ..... Respondents
Through: Mr. Saurabh Agarwal, Ms.
Ridhima Purohit, Ms. Shruti Jakhar and Mr.
Gyanendra Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 25.04.2023 I.A. 5857/2023 in CS(COMM) 449/2022
1. Mr. Nigam, on instructions, submits that the plaintiff does not seek to file any rejoinder to the reply filed by the respondent to this application.
2. Accordingly, the application is ripe for hearing.
3. List for hearing of this application on 18th July 2023.
I.A. 17633/2022 in CS(COMM) 449/2022
4. This is an application by the plaintiff for taking on record the resolution-cum-authority dated 10th October 2022, authorising Ms. Soumya Singh to be the authorised representative of the plaintiff.
5. Mr. Aggarwal, learned Counsel for the defendant, does not, in Signature Not Verified Digitally Signed By:KAMLA RAWATC.O. (COMM.IPD-TM) 416/2022 & other matters Page 2 of 4 Signing Date:27.04.2023 16:55:30 principle, oppose the application but submits that it has been filed without being duly apostle, as required by the law. Mr. Aggarwal submits that the authorisation does not conform to Section 4122 of the Probate Code applicable in the State of California.
6. It is seen that the authorisation bears the signature of the vice- president of the plaintiff as well as the corporate seal of the plaintiff.
7. To the mind of this Court, it cannot be said that the authorisation is not issued by the requisite authority.
8. Mr. Nigam submits on instructions that a duly apostilled copy of the authorisation would be filed as early as possible within a period of four weeks from today.
9. Taking the said undertaking on record, this Court is inclined to allow IA 17633/2022 and to permit Ms. Soumya Singh to represent the plaintiff as the constituted attorney.
10. The application stands allowed in the aforesaid terms.
I.A. 7807/2023 in CS(COMM) 449/2022
11. This is an application which seeks to take on record certain documents.
12. Mr. Nigam submits that, in fact, leave to place the said documents on record was granted by this Court vide order dated 6th March 2023 in FAO(IPD) 16/2022 which was preferred against an interlocutory order passed in the suit.
Signature Not Verified Digitally Signed By:KAMLA RAWATC.O. (COMM.IPD-TM) 416/2022 & other matters Page 3 of 4 Signing Date:27.04.2023 16:55:3013. As such, Mr. Aggarwal has no other objection to the documents being taken on record.
14. Accordingly, the documents are taken on record.
15. The application stands disposed of.
I.A. 5971/2023 in C.O. (COMM.IPD-TM) 416/2022 I.A. 6763/2023 in C.O. (COMM.IPD-TM) 161/2021 & I.A. 6729/2023 in C.O.(COMM.IPD-CR) 682/2022
16. These are applications seeking early hearing of the main petitions.
17. For the reasons stated therein, the applications are allowed.
18. The petitions are being taken up today.
CS(COMM) 449/2022
19. Re-notify on 18th July 2023.
C.O. (COMM.IPD-TM) 416/2022 C.O. (COMM.IPD-TM) 161/2021 & C.O.(COMM.IPD-CR) 682/2022
20. Rejoinders, if any, be positively filed at least one week before the next date of hearing.
21. Re-notify on 18th July 2023 along with CS(COMM) 449/2022.
C. HARI SHANKAR, J.
APRIL 25, 2023 Signature Not Verified dsn Digitally Signed By:KAMLA RAWATC.O. (COMM.IPD-TM) 416/2022 & other matters Page 4 of 4 Signing Date:27.04.2023 16:55:30