Delhi High Court - Orders
Sterlite Technologies Limited vs Hfcl Limited on 25 April, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.04.2022
18:15:54
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 19/2022
STERLITE TECHNOLOGIES LIMITED ..... Plaintiff
Through: Mr. Ankur S. and Mr. Ankit Arvind.
Advocates.
versus
HFCL LIMITED ..... Defendant
Through: Mr. Amit Sibal, Sr. Advocate, Ms.
Apoorva Murali, Ms. Neha Khanduri
and Mr. Luma Abbas, Mr. Aishvary
Vikram, Mr. Saksham Dhingra
Advocates. (M:9560342348)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 25.04.2022
1. This hearing has been done through hybrid mode. I.A. 6223/2022 (for directions) in CS(COMM)-19/2022
2. In this matter, the interim order dated 12th January, 2022 is continuing, however, in the meantime, this Court had, vide order dated 14th March, 2022 permitted certain orders to be executed considering the nature of the products and the fact that some of the purchase orders were prior to the date of the suit itself. Accordingly, vide previous order dated 14th March, 2022, an interim order had been passed in this matter in the following terms:
"Keeping the above in mind, the following directions are issued:
(i) Since all these purchase orders relate to November, December, January and February and only one purchase order is of 4th March, 2022 and since the hearing is inconclusive, at this stage, the Defendant is permitted to supply to its customers the CS(COMM) 19/2022 Page 1 of 4 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:26.04.2022 18:15:54 products as per these purchase orders only and file an affidavit to this effect confirming the supplies thereof and the exact date of the purchase orders, shipment, and place on record, supporting documents and the statement of accounts, etc. in this regard, within two weeks. If the same contain any commercially confidentially information, the documents may be filed in a sealed cover.
(ii) No further sales would, however, be made of the injuncted products until further orders of this Court.
The injunction as granted on 12th January, 2022 shall continue, subject to the above, till the next date of hearing."
3. Subsequently, vide order dated 4th April, 2022, this Court had permitted the Defendant to move an application if there were further purchase orders of micro cables. The said order reads:
"4. In the meantime, if there are any further purchase orders of microcables which are placed on the Defendant, the Defendant is permitted to move an application. Interim order to continue."
4. I.A. 6223/2022 is an application filed by the Defendant seeking permission to export further in terms of the purchase orders mentioned in paragraph - 4 of the application.
5. Issue notice. Ld. Counsel for the Plaintiff accepts notice. Adjournment is sought for filing reply and it is submitted that the matter be listed for hearing.
6. Mr. Sibal ld. Sr. Adv., however emphasises that if the purchase orders are not honoured in a timely manner, the Defendant risks losing the orders as also the customers. Further, it is submitted that the Defendant is a listed company in India and has sufficient assets to safeguard the Plaintiff's interest. It would not be in the interest of the Defendant to not export the goods for CS(COMM) 19/2022 Page 2 of 4 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:26.04.2022 18:15:54 which it already has confirmed orders from international customers.
7. The Court has perused the application which reveals that out of the total purchase orders which has been placed by the Defendant's customers on the Defendant, some portion of the purchase order relates to the impugned products i.e., cables in the present case. The total sale value of these purchase orders is to the tune of Rs.44,31,70,111/- out of which the impugned products constitute a sum of Rs.16,79,52,486/-. Since these are composite orders and not honouring the same could cause business loss and loss of customers to the Defendant, and the matter is still part-heard, now listed on 8th July, 2022 for further hearing, it is deemed appropriate to allow the supplies subject to conditions. It is accordingly directed that the Defendant shall deposit a sum of INR 2 crores with the Registrar General of this Court, within four weeks from today, subject to which purchase orders 1 to 15 at paragraph 4 of the application, are permitted to be honoured and the supplies shall be made in respect thereof. In this regard, paragraph 8(i) of the order dated 14th March, 2022 shall apply mutatis mutandis to the present application.
8. The said amount of INR 2 crores be retained in an FDR in auto renewal mode.
9. It is made clear that this order shall be without prejudice to the rights and contentions of both the parties and also subject to any other terms and conditions which the Court may fix at the appropriate stage.
10. Additionally, since some confidential documents are stated to have been handed over by the Defendant in Court on 14th March, 2022, if the same are lying in the Registry, the same shall be put in a sealed cover and copies thereof shall not be issued to the Plaintiff.
11. Let reply be filed within four weeks. Rejoinder thereto, if any, be filed CS(COMM) 19/2022 Page 3 of 4 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:26.04.2022 18:15:54 within four weeks thereafter.
12. List before the Court on 8th July, 2022, the date already fixed.
13. Interim order to continue subject to the above.
PRATHIBA M. SINGH, J.
APRIL 25, 2022/aman/MS CS(COMM) 19/2022 Page 4 of 4