Delhi High Court - Orders
Google Llc vs Drs Logistics (P) Ltd. & Ors on 4 February, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~16 and 27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 2/2022
GOOGLE LLC ......Appellant
Through: Mr Sandeep Sethi, Sr. Advocate with
Mr Neel Mason, Mr Vihan Dang, Ms
Vennela Reddy, Mr R. Ramya, Ms
Aditi Umapathy, Mr Akshay
Bhardwaj and Mr Pdarva Khare,
Advs.
Mr Rajiv K Virmani, Sr Adv along
with Ms Sangeeta Goel, Adv for
Global Car Group Ltd.
versus
DRS LOGISTICS (P) LTD. & ORS ......Respondents
Through: Mr Chander M. Lall, Sr. Advocate
with Ms. Nancy Roy, Ms. Ananya
Chug, Ms Payal Kalhan, Jeevesh
Nagrath and Ms Prakriti Varshney,
Advocates for respondents no.1&2.
Mr Arun Kathpalia, Sr. Advocate
with Mr Saransh Jain, Ms Shloka N.,
Mr Shaurya R. Rai and Ms Bani Brar,
Advocates for respondent no.3. Mr
Kshitij Parashar, Adv. for respondent
no.4.
FAO(OS) (COMM) 22/2022
GOOGLE INDIA PRIVATE LIMITED ......Appellant
Through: Mr Arun Kathpalia, Sr. Advocate
with Mr Saransh Jain, Ms Shloka N.,
Mr. Shaurya R. Rai and Ms Bani
Brar, Advocates for respondent no.3.
versus
DRS LOGISTICS PVT LTD & ORS. ......Respondents
Through: Mr Chander M. Lall, Sr. Advocate
with Ms. Nancy Roy, Ms. Ananya
Chug, Ms.Payal Kalhan, Jeevesh
FAO(OS) (COMM) 2/2022 and connected page 1 of 3
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:08.02.2022
17:34:32
Nagrath and Ms. Prakriti Varshney,
Advocates for respondents no.1&2.
Mr Sandeep Sethi, Sr. Advocate with
Mr Neel Mason, Mr Vihan Dang, Ms
Vennela Reddy, Mr R. Ramya, Ms
Aditi Umapathy, Mr Akshay
Bhardwaj and Mr Parva Khare,
Advocates for respondent no.3.
Mr Kshitij Parashar, Adv. for
respondent no.4.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE TALWANT SINGH
ORDER
% 04.02.2022 [Court hearing convened via video-conferencing on account of COVID-19] CM APPLs. 492/2022, 495-96/2022 in FAO(OS) (COMM) 2/2022 CM APPLs. 5880-81/2022 and 5883/2022 in FAO(OS) (COMM) 22/2022
1. Allowed, subject to just exceptions.
CM APPL. 5808/2022 in FAO(OS) (COMM) 2/2022
2. This is an application moved by an entity going by the name Global Car Group Ltd to seek leave to intervene in the main matter.
3. Mr Rajiv K. Virmani, learned senior counsel, who appears for the applicant, says that the said entity i.e., Global Car Group Ltd has filed a suit on the original side of this court; which is pending adjudication. 3.1 According to Mr Virmani, the issue which arises for consideration in the present appeal will, perhaps, also arise for consideration in the suit. 3.2 We are told that the issues have not been framed in the suit, as yet.
4. In our view, there is already a judgment of the learned single judge, which is impugned in the above-captioned appeals pending adjudication FAO(OS) (COMM) 2/2022 and connected page 1 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:08.02.2022 17:34:32 before us, and therefore, bearing in mind this aspect, the above-captioned application need not be entertained as the issues that intervenor seeks to profess stand more or less crystallised.
4.1 In our view, if we were to entertain interveners who have filed various actions, it would lead to a situation where managing these appeals would become difficult.
4.2 We would, in any case, have the benefit of assistance of learned senior counsels, who are appearing in the above-captioned appeals.
5. The intervention application is, accordingly, closed. CM APPL. 5884/2022 in FAO(OS) (COMM) 22/2022
6. This is an application filed by the applicant/appellant for condonation of delay.
6.1. The delay involved, we are told, is 26 days.
7. Counsel for the non-applicants/respondents say that they do not wish to oppose the prayer made in the above-captioned application.
8. Accordingly, the delay is condoned.
9. The application is, accordingly, disposed of. CM APPL. 493/2022 in FAO(OS) (COMM) 2/2022 CM APPL. 5882/2022 in FAO(OS) (COMM) 22/2022
10. These are applications moved on behalf of the appellant seeking issuance of direction from the Court to summon the suit record.
11. The prayer made in the above-captioned applications is allowed.
12. The Registry will place the suit record in the above-captioned matters, before us, albeit, in digital format. The record shall be duly paginated and indexed.
FAO(OS) (COMM) 2/2022 and connected page 2 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:08.02.2022 17:34:32 FAO(OS) (COMM) 2/2022 & CM APPLs. 491/2022, 494/2022 [Applications filed on behalf of the appellant for interim relief and for takin additional documents on record] FAO(OS) (COMM) 22/2022 & CM APPL. 5879/2022 [[Application filed on behalf of the appellant for interim relief]
13. Issue notice to the respondents.
13.1. Ms Nancy Roy accepts notice on behalf of the respondent nos.1 and 2, while Mr Saransh Jain accepts notice on behalf of respondent no.3. Likewise, Mr Kshitij Parashar accepts notice on behalf of respondent no.4. 13.2. Reply(ies) will be filed, within the next two weeks. 13.3. Rejoinder(s) thereto, if any, will be filed before the next date of hearing.
14. Counsel for the parties will also file their respective written submissions, not exceeding three pages each, at least five days before the next date of hearing.
15. List the above-captioned appeals on 02.03.2022.
RAJIV SHAKDHER, J TALWANT SINGH, J FEBRUARY 4, 2022 /tr Click here to check corrigendum, if any FAO(OS) (COMM) 2/2022 and connected page 3 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:08.02.2022 17:34:32