Delhi High Court - Orders
Kubota Corporation vs Godabari Agro Machinery And Services ... on 28 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 655/2023
KUBOTA CORPORATION ..... Plaintiff
Through: Mr. J. Sai Deepak, Ms. Shrishti
Banerjee, Mr. Cheitanya Madan,
Mr. R. Vigneshwar and Mr. Ananth,
Advocates.
versus
GODABARI AGRO MACHINERY AND SERVICES INDIA
PRIVATE LIMITED & ORS. ..... Defendants
Through: Mr. Rajshekhar Rao, Senior Advocate
with Mr. Nirupam Lodha,
Mr. Gautam Wadhwa, Mr. Yashraj
Samant and Ms. Manasa
Dammalapati, Advocates for D-3.
Mr. Ashish Aggarwal, Ms. Gurkamal
Hora, Ms. Ramya Aggarwal and
Mr. Jaisal Baath, Advocates for D-1.
Mr. Ashish Sharma, Advocate for D-
2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 28.05.2024
CC(COMM) 14-18/2024
1. Issue notice. Mr. J. Sai Deepak, counsel accepts notice on behalf of the Plaintiff. Written statement to the counter claims be filed within four weeks from today. Replication thereto be filed on or before the next date of hearing.
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 29/05/2024 at 00:23:24
2. Mr. Rajshekhar Rao, Senior Counsel for Defendant No. 3/ Counter Claimant, requests for liberty to file the replication(s) to the written statement(s) filed by the Plaintiff to the counter claims without an apostilled affidavit, as the process to that effect is time consuming since the Defendant No. 3 is based in China. The request is allowed and the Defendant No. 3 is permitted to file replication with an affidavit which may not be apostilled. The apostilled version thereof be filed subsequently.
3. Additionally, Mr. Sai Deepak points out that the Plaintiff wishes to take the opinion of experts in order to respond to the expert reports cited by the Defendants. He states that although the Plaintiff has approached certain government agencies/ institutions for this purpose, however, they are facing certain difficulties in absence of any Court directions expressly permitting the Plaintiff to seek appointment of experts. Accordingly, it is clarified that should the Plaintiff approach them, such governmental agencies/ institutions are free to appoint an expert to assist the Plaintiff. Such experts must be independent and not related, directly or indirectly, to the Plaintiff or to the Defendants.
4. List on the date fixed i.e. on 15th July, 2024.
SANJEEV NARULA, J MAY 28, 2024 nk 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 29/05/2024 at 00:23:24