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The Film And Television Producers Guild ... vs Arg Outlier Media Pvt Ltd & Ors on 18 December, 2020

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                          $~4
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(OS) 337/2020 & I.A.No.12251/2020
                                THE FILM AND TELEVISION PRODUCERS GUILD OF INDIA &
                                ORS.                                               ....Plaintiffs
                                              Through : Mr. Anand Desai, Ms. Chandrima
                                                        Mitra, Mr. Kirat Singh Nagra, Mr.
                                                        Parag Khandhar and Mr. Kartik
                                                        Yadav, Advs.
                                              versus
                                ARG OUTLIER MEDIA PVT LTD & ORS.                ....Defendants
                                              Through : Ms. Malvika Trivedi, Mr. Mrinal
                                                        Ojha, Mr. Debarshi Dutta, Mr. Rajat
                                                        Pradhan and Mr. Siddhant Kumar,
                                                        Advs. for D-1 to 4.
                                                        Mr. Parag P. Tripathi, Sr. Adv. with
                                                        Mr. Tejas Karia, Mr. Ajit Warrer, Mr.
                                                        Varun Pathak, Mr.Gauhar Mirza, Ms.
                                                        Nayantara Narayan, Mr. Thejesh
                                                        Rajendran and Ms. Malikah Mehra,
                                                        Advs. for D-9.
                                                        Mr. Saransh Jain, Ms. Mamta Jha,
                                                        Ms. Shloka Narayanan, Mr. Tejpal
                                                        Singh Rathore and Ms. Shruttima
                                                        Ehersa, Advs. for D-11.
                                                        Mr. Hrishikesh Baruah and Mr.
                                                        Pranav Jain, Advs. for D-16 to 19.
                                                        Mr. Ashutosh Kumar Sharma and Mr.
                                                        Sandeep Sharma, Advs. for D-20
                                                        to 23.
                                                        Ms. Ritwika Nanda, Adv. for D-24 &
                                                        25.
                                CS(OS) 337/2020                                            1/3




Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:21.12.2020
00:25:34
                                  CORAM:
                                 HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                                     ORDER

% 18.12.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 12251/2020

1. This is an application filed by defendant nos. 1 to 4 seeking condonation of delay in filing the written statement and reply to the plaintiffs' application i.e. I.A. No. 10251/2020 filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 [in short „CPC‟].

1.1. Issue notice in the captioned application. Mr. Parag Khandhar accepts service on behalf of the plaintiffs.

1.2. Mr Kandhar says that he has no objection to the prayer made in the application being allowed.

2. Accordingly, the delay is condoned.

2.1. The written statement in the suit and reply to the plaintiffs' application [that is, I.A. No. 10251/2020], filed on behalf of the aforementioned defendants, is now, formally, taken on record.

3. Accordingly, the application is disposed of.

4. Although this application is not listed on the board, Mr. Ashutosh Kumar Sharma, who appears for the applicants/defendant nos. 20 to 23, says that it is pending and notice may be issued in this application.

5. This is an application filed under Order VII Rule 11 read with Section 151 of the CPC.

5.1. Accordingly, issue notice in the captioned application. Mr. Parag Khandhar accepts service on behalf of the plaintiffs/non-applicants. 5.2. Reply will be filed within three weeks from today. 5.3. Rejoinder thereto, if any, will be filed before the next date of hearing.

6. List the captioned application on 23.03.2021. CS(OS) 337/2020

7. The plaintiffs are granted two weeks‟ time to file a replication and rejoinder to the reply filed on behalf of defendant nos. 1 to 4 to their interlocutory application.

8. It appears that a typographical error has crept in the order dated 14.12.2020. In paragraph 8 of the order dated 14.12.2020, the date of the interim order has been, inadvertently, reflected as "09.11.2021", whereas, it should have read as "09.11.2020".

8.1. The order dated 14.12.2020 shall stand corrected to that extent. 8.2 Besides this, Mr. Ashutosh Sharma says that although he was present on the previous date of hearing, his appearance was not recorded. The record shall stand corrected to that extent.

8.3 All other directions contained in the order dated 14.12.2020 will remain unaltered.

9. List the matter on the date already fixed i.e. 23.03.2021.

RAJIV SHAKDHER, J DECEMBER 18, 2020/rb Click here to check corrigendum, if any CS(OS) 337/2020 3/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:21.12.2020 00:25:34