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Delhi High Court - Orders

Dolby International Ab & Anr vs Reliance Jio Infocomm Limited & Anr on 23 August, 2021

Author: Jayant Nath

Bench: Jayant Nath

                          $~3
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS(COMM) 99/2021

                                DOLBY INTERNATIONAL AB & ANR.              .....Plaintiffs
                                             Through    Mr.C.M. Lall, Sr. Adv. with Ms.Saya
                                             C. Kapur, Mr.Ashutosh Kumar, Mr.Vivek Ranjan,
                                             Mr.Palash Maheshwari, Mr.Sajan Shankar Prasad
                                             and Ms.Ananya Chug, Advs.

                                                   Versus

                                RELIANCE JIO INFOCOMM LIMITED & ANR...... Defendants
                                               Through     Mr.Saikrishna Rajagopal, Mr.Sidharth
                                               Chopra, Ms.Julien George, Mr.Raghav Shankar,
                                               Ms.Garima Sahney, Ms.Charu Miglani, Ms.Anu
                                               Paarcha, Mr.Arjun Gadhoke, Mr.Avijit Kumar,
                                               Mr.Aniruddh Bhatia and Ms.Prachi Sharma,
                                               Advocates for D-1.
                                               Ms.Pritha Suri, Adv. for D-2.

                                CORAM:
                                HON'BLE MR. JUSTICE JAYANT NATH

                                                   ORDER

% 23.08.2021 This hearing is conducted through video-conferencing. This matter is taken up today as 20.08.2021 was declared a holiday on account of "Muharram".

IA No. 6735/2021

1. This application is filed on behalf of the defendants seeking extension of time of 90 days in filing the written statement from the date of being Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:26.08.2021 12:20:59 given access to the plaintiffs' third party license agreements through the confidentiality club.

2. Learned counsel for the defendants states that this court has the power to extend the time for filing pleadings when constitution of a confidentiality club as specified in the Delhi High Court (Original Side) Rules is sought for. It is pleaded that unless the defendants have access to the documents proposed to be filed by the plaintiffs through the confidentiality club, it may not be appropriate for the defendants to file their written statement at this stage.

3. Learned senior counsel for the plaintiff states that the reply has been filed strongly opposing the present application.

4. This application will be considered on a subsequent date. In the meantime, without prejudice to the rights and contentions of the parties, let the defendants file their written statement. In the written statement liberty may be sought to amend the written statement, if so required pursuant to any additional documents that the plaintiffs may file through the confidentiality club subsequent to filing of the written statement. That amendment would be considered as per law at that time keeping in view the fact that the defendants had access to the stated documents after filing of the written statement.

IA No. 3120/2021 (u/O 39 R 1 & 2 CPC) Arguments of learned senior counsel for the plaintiffs heard in part. For balance arguments, list on 25.08.2021, at the end of the Board.

JAYANT NATH, J AUGUST 23, 2021/rb Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:26.08.2021 12:20:59