Delhi High Court - Orders
Neoplast Engineering Private Limited vs Paresh Gohil & Anr on 16 April, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 317/2024
NEOPLAST ENGINEERING PRIVATE LIMITED ..... Plaintiff
Through: Mr. G. Nataraj, Advocate with Mr.
Rahul Bhujbalm Mr. A. Sindhuja and
Mr. Shyam Nair, Advocates.
versus
PARESH GOHIL & ANR. ..... Defendants
Through: Mr. Adarsh Ramanujan, Mr. K.C.
Patel, Mr. V.H. Desai, Mr. KK Patel
and Mr. Kunal Khanna, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 16.04.2024 CAV 178/2024
1. Since the counsel for Defendants have appeared today, the caveat stands discharged.
I.A. 8587/2024 (seeking exemption from filing certified/legible and true typed copy of the documents)
2. Exemption is granted, subject to all just exceptions.
3. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
4. Accordingly, the application stands disposed of.
CS(COMM) 317/2024 Page 1 of 6This 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 17/04/2024 at 02:59:55 I.A. 8589/2024 (seeking leave to file additional documents)
5. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
6. Applicant, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.
7. Accordingly, the application stands disposed of.
I.A. 8588/2024 (seeking exemption from invoking pre-institution mediation) & I.A. 8586/2024 (under Order XI rule 1(6) of The Code of Civil Procedure, 1908 as amended by The Commercial Courts Act, 2015 read with Chapter IV of The Delhi High Court (Original Side) Rules read with Section 151 of The Code of Civil Procedure, 1908 for discover
8. Issue notice. Mr. Kunal Khanna, counsel accepts notice on behalf of Defendants.
9. Reply, if any, be filed within a period of four weeks from today. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
10. Re-notify on 16th July, 2024.
I.A. 8591/2024 (seeking extension of time to file Court Fees)
11. For the grounds and reasons stated therein, the instant application is disposed of with the direction that the Plaintiff should furnish the deficient court fees within a period of two weeks from today.
I.A. 8590/2024 (seeking leave to file videos on a pen drive and/or CD)
12. The Plaintiff seeks the leave of the Court to place on record certain video recordings, which form the subject matter of the present suit in a pen CS(COMM) 317/2024 Page 2 of 6 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 17/04/2024 at 02:59:55 drive. Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018 makes it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said Rule is extracted below: -
"24. Reception of electronic evidence -A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry. The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872."
13. Registry may receive electronic record on CD-ROM so long as it is encrypted with a hash value or in any other non-editable format. The video recording contained in CD-ROM be placed in the electronic record of the present suit in a format which is non-editable, so that the same can be viewed by the Court during hearing.
14. Application is disposed of.
CS(COMM) 317/2024
15. Let the plaint be registered as a suit.
16. Issue summons. Summons are accepted by Mr. Kunal Khanna, counsel for Defendants. He confirms receipt of the suit paper-book and waived the requirement for formal service of summons by the Registry.
CS(COMM) 317/2024 Page 3 of 6This 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 17/04/2024 at 02:59:55 Written statement shall be filed within 30 days from the date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.
17. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
18. List before the Joint Registrar for marking of exhibits on 1 st July, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
19. List before the Court for framing of issues thereafter.
I.A. 8584/2024 (application under Order XXXIX Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908)
20. Issue notice. Mr. Kunal Khanna, counsel for Defendants appearing on advance service, accepts notice.
21. Reply, if any, be filed within a period of four weeks from today. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
22. Till the next date of hearing, it is directed that the Defendants shall maintain full accounts of the impugned goods manufactured and sold by them, which are alleged to infringe upon the Plaintiff's suit patent IN'484110. Let details of such manufacture and sales for the past three years be filed at least one week prior to the next date of hearing.
CS(COMM) 317/2024 Page 4 of 6This 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 17/04/2024 at 02:59:55
23. List on 16th July, 2024.
I.A. 8585/2024 (for appointment of Local Commissioner)
24. Issue notice. Mr. Kunal Khanna, counsel for Defendants appearing on advance service, accepts notice.
25. Mr. G. Nataraj, counsel for Plaintiff, states that at this stage, mapping of the suit patent's claims with the Defendants' impugned product has been done on the basis of the photographs of the impugned product that was displayed during the exhibition--"Plastfocus 2024 (DELHI)"--organised by TRIUNE EXHIBITORES PVT. LTD. from 1st February, 2024 to 5th February, 2024. In order to have full clarity, Mr. Nataraj prays that Plaintiff should be permitted to conduct full inspection of the Defendants' product and accordingly seeks appointment of a Local Commissioner. However, in the opinion of the Court, in order to avoid any disruption of the Defendants' business activities, inspection can be allowed in a more cordial manner.
26. Accordingly, Plaintiff's representatives as well as their counsel, shall be permitted to visit the following premises of the Defendants where the impugned products can be found:
(i) No. 7, Haridarshan Plotting, Near Haridarshan Estate, Behind Vatva GIDC, Phase IV, Ramol, Ahmedabad - 38445, Gujarat; or,
(ii) Plot No. 5, Yamuna Industrial Park, Vill. Dhamatvan, Ahmedabad - 382435
27. The Defendant shall allow inspection of the impugned product. During the course of inspection, Plaintiffs' representatives shall be entitled to take pictures and measurements of the Defendants' impugned product, if they require. The counsel for parties shall decide on a mutually convenient CS(COMM) 317/2024 Page 5 of 6 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 17/04/2024 at 02:59:55 date for this purpose.
28. Let an affidavit of compliance be filed within a period of four weeks from the date of inspection.
29. It is made clear that no negative publicity of the directions issued today shall be made by the Plaintiff, and/ or anybody acting on their behalf.
30. Disposed of.
SANJEEV NARULA, J APRIL 16, 2024 sapna CS(COMM) 317/2024 Page 6 of 6 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 17/04/2024 at 02:59:55