Delhi High Court - Orders
Koninklijke Philips N.V vs Vivo Mobile Communication Co. Ltd & Ors on 24 December, 2024
Author: Amit Bansal
Bench: Amit Bansal
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A. 49417/2024
IN
+ CS(COMM) 383/2020
KONINKLIJKE PHILIPS N.V. .....Plaintiff
Through: Mr. Ashutosh Kumar, Mr. Vrinda
Bagaria, Mr. Munesh Sharma and
Mr. Swarnil Dey, Advocates
versus
VIVO MOBILE COMMUNICATION
CO. LTD & ORS. .....Defendants
Through: Mr. Arjun Gadhoke and Ms. N.
Parvati, Advocates for D-1 & D-2
Ms. Nidhi Raman, CGSC with
Mr.Zubin Singh, Adv. for UOI
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 24.12.2024 I.A. 49417/2024 (seeking extension of time in filing of original notarised and apostilled affidavits in evidence of PW-1, PW-3, PW-4 and PW-5)
1. This application has been filed on behalf of plaintiff seeking following directions:-
"a. Allow the Plaintiff to file physical copy of the original executed, notarized and apostilled affidavits of Mr. Kevin Scott (PW-1), Mr. Gildas Bossard (PW-3), Mr. Lincoln Sampaio Lobo (PW-4) and Mr. Kalyan Dasgupta (PW-5), along with their exhibits, in view of the fact that advance copies of all such documents and exhibits have already been served on the Defendants (through counsel);CS(COMM) 383/2020 Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/12/2024 at 22:14:35 b. Allow the Plaintiff to file a notarized and apostilled affidavit in evidence of Mr. Kalyan Dasgupta (PW-5) along with a pen drive/USB drive containing Exhibit Nos.PW-5/4 to PW-5/14 and Exhibit Nos. PW- 5/16 to Exhibit Nos. PW-5/18;
c. Direct that additional documents filed as exhibits along with the affidavits in evidence of the Plaintiff's witnesses be taken on record;
d. Allow marking of exhibits on the e-file of this Hon'ble Court and for this purpose direct the Registry to supply a copy of the said record to the Local Commissioner;
e. Direct the Registry to supply the original as-filed copies of all relevant documents filed by the Plaintiff physically to the Local Commissioner for marking appropriately for the purposes of the trial;"
2. Issue notice.
3. Notice is accepted by the counsel appearing on behalf of the defendants.
4. Counsel for the defendants no.1 and 2 does not have any objection in respect of directions sought in prayers 'a', 'b', 'd' and 'e' of the application. With regard to prayer 'c', the counsel for the defendants no.1 and 2 is agreeable to the same, subject to defendants no.1 and 2 being given a similar liberty to file additional documents, if any, along with the affidavits in evidence of defendants' witnesses.
5. Mr. Ashutosh Kumar, counsel for the plaintiff is agreeable to the same subject to the plaintiff being given the right to raise objections with regard to the relevance and admissibility of documents to be filed by the defendants. He further submits that the defendants should not file any of their third-party license agreements, which they have undertaken not to file.
6. Counsel for the defendants no.1 and 2 is agreeable to the same.
CS(COMM) 383/2020 Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/12/2024 at 22:14:35
7. In view of the above, the present application is allowed in terms of prayer clauses 'a', 'b', 'c' 'd' and 'e' of the application.
AMIT BANSAL, J DECEMBER 24, 2024 ds CS(COMM) 383/2020 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/12/2024 at 22:14:36