Delhi High Court - Orders
Britannia Industries Ltd vs Itc Ltd on 25 March, 2021
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~16 (original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 143/2021 & I.A. 4541/2021, I.A.4542/2021,
I.A.4543/2021
BRITANNIA INDUSTRIES LTD ..... Plaintiff
Through: Mr.Sudhir Chandra and
Mr.Jayant Mehta, Sr. Advs. with Ms.Ishani
Chandra and Ms.Shubhie Wahi, Advs.
versus
ITC LTD ..... Defendant
Through: Mr.Harish Salve, Mr.Rajiv
Nayar and Mr.Sajan Poovayya, Sr. Advs.
with Mr.Mahesh Agarwal, Mr.Rishi
Agrawala, Mr.Karan Luthra and Mr.Ankit
Banati, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 25.03.2021 I.A. 4543/2021 (exemption)
1. Subject to the plaintiff filing legible copies of any dim documents on which it may seek to place reliance within four weeks, exemption is granted for the present.
2. The application is disposed of.
I.A.4542/2021 (for filing additional documents)
1. The plaintiff is permitted to file additional documents, if any, within a period of four weeks subject to the right of the defendant to CS(Comm.). 143/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI Signing Date:05.04.2021 16:20:19 admit/deny the same in accordance with law.
2. The application is disposed of.
CS(COMM) 143/2021
1. Issue summons.
2. Summons are accepted on behalf of the defendant by Mr. Rishi Agrawala. Written statement accompanied by affidavit of admission/denial of the documents filed by the plaintiff be filed within a period of four weeks with advance copy to learned Counsel for the plaintiff who may file replication thereto, if any, accompanied by affidavit of admission/denial of the documents filed by the defendant within two weeks thereof.
3. List for completion of pleadings, admission/denial of documents and marking of exhibits before the Joint Registrar on 21st May, 2021.
I.A. 4341/2021 (under Order XXXIX Rules 1 & 2 of CPC)
1. Given the nature of the dispute and the fact that the biscuits of the defendant are not new entrants in the market, I am of the opinion that it would be appropriate that a reply be called for, before this application is taken up for hearing.
2. Accordingly, issue notice. Notice is accepted by Mr. Rishi Agrawala on behalf of the defendant. Let a response to this CS(Comm.). 143/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI Signing Date:05.04.2021 16:20:19 application be positively filed within a period of two weeks from today with advance copy to learned Counsel for the applicant/plaintiff who may file rejoinder thereto, if any, within one week thereof.
3. Renotify the application for hearing and disposal on 16th April, 2021.
4. Learned Counsel are directed to abide by the timelines stipulated hereinabove. Ordinarily no extension of time for completion of pleadings would be granted in this application.
C.HARI SHANKAR, J MARCH 25, 2021/kr CS(Comm.). 143/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI Signing Date:05.04.2021 16:20:19