Delhi High Court - Orders
Nokia Technologies Oy vs Lenovo Group Ltd. & Anr on 24 February, 2020
Author: Prateek Jalan
Bench: Prateek Jalan
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 581/2019
NOKIA TECHNOLOGIES OY ..... Plaintiff
Through: Mr. Pravin Anand, Advocate with
Ms. Vaishali Mittal, Advocate with
Mr. Rohin, Advocate
versus
LENOVO GROUP LTD. & ANR. ..... Defendants
Through: Mr. Saikrishna Rajagopal,
Advocate with Ms. Sneha Jain, Ms.
Garima Sawhney, Ms. Charu
Miglani, Mr. Jatinder Garg, Mr. A.
Jain, Ms. S. Pande, Advocates
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 24.02.2020 I.A. 14477/2019 (Application on behalf of the defendant No.2 under Section 151 of the CPC)
1. This is an application by the plaintiff under Chapter VII Rule 17 of Delhi High Court (Original Side) Rules, 2018 ["the Rules"] for constitution of a confidentiality club which alone would have access to the confidential documents placed on record.
2. It is stated that the plaintiff has filed several commercially sensitive documents in a sealed cover including correspondence exchanged between the parties.
3. Mr. Saikrishna Rajagopal, learned counsel appearing for the defendants has no objection in principle to the constitution of a confidentiality club but submits that, in addition to counsel representing CS(COMM) 581/2019 page 1 of 6 the parties, two representatives of the plaintiff and two representatives of the defendants collectively, and an external expert on behalf of each side, may be part of the confidentiality club. Mr. Pravin Anand, learned counsel appearing for the plaintiff is also agreeable to this proposal.
4. In view of the aforesaid, and with the consent of learned counsel for both the parties, a confidentiality club is constituted consisting of four counsel and two representatives of the plaintiff, and four counsel and two representatives of the defendants collectively. Each side may also nominate one external expert to participate in the confidentiality club.
5. The learned counsel for the parties will file a list of nominees of each of the parties alongwith the affidavits of the members of the confidentiality club that they would abide by the terms thereof.
6. It is made clear that members of the confidentiality club may make copies of the confidential documents/information but the copies shall be redacted as required by the party which seeks confidentiality of the documents in question.
7. Subject to the aforesaid, the confidentiality club shall be subject to the protocol contained in Annexure F of the Rules.
8. The application stands disposed of in these terms. I.A. 2488/2020, I.A. 2489/2020 & I.A. 2599/2020(Applications under Section 151 of the CPC)
1. Issue notice. Mr. Pravin Anand accepts notice on behalf of the plaintiff and consents to these applications being taken up for disposal today.
2. These applications have been filed by the defendants for permission to place certain pleadings and documents in a sealed cover.
CS(COMM) 581/2019 page 2 of 6 I.A.2488/2020 is the application of the defendant No.2 for permission to file its written statement, reply to the injunction application, and affidavit regarding sales in sealed cover. I.A.2489/2020 is the application of the said defendant to file certain communications in a sealed cover. I.A. 2599/2020 concerns the written statement and reply to the interim injunction application of defendant No.1.
3. It is stated that in these applications that the pleadings, affidavits and documents concern contain highly sensitive commercial information of the applicants and leave is therefore sought to place them in a sealed cover. It is also stated in the application, and reiterated by Mr. Saikrishna, learned counsel for the defendants, that the copies of the said pleadings, affidavits and documents shall be given to the learned counsel for the plaintiff in full and without any redaction whatsoever.
4. Subject to above, in view of the contents of these application, they are allowed, and the defendant Nos.1 and 2 are permitted to place their written statements, replies to the injunction application, affidavit of sales and documents filed by the defendant No.2 in sealed cover, subject to further orders of the Court.
I.A. 2598/2020(Application on behalf of the Defendant No.1 under Section 151 of the CPC)
1. This is the application of defendant No.1 for permission to file a scanned copy of its written statement, the reply to the injunction application and the supporting affidavits.
2. Issue notice. Mr. Pravin Anand, learned counsel accepts notice on behalf of the plaintiff and consents to the application being disposed of today.
CS(COMM) 581/2019 page 3 of 6
3. In this application, the defendant No.1 seeks permission to place on record scanned copies of the notarised versions of its written statement, supporting affidavits, statement of truth, affidavits of admission/denial of documents, and reply to the injunction application filed by the plaintiff, as well as the affidavits in support of the interlocutory applications filed by it.
4. It is stated that defendant No.1 is based in Hongkong and in view of the Coronavirus epidemic that is prevalent there at the moment, he has been unavailable to have the aforesaid pleadings and affidavits apostilled. Courier services between Hong Kong and India have also been impacted as a result of the medical emergency. The limitation for filing of the written statement on behalf of defendant No.1 is however expiring today.
5. In view of the averments made in the application, and with the consent of learned counsel for the plaintiff, the application is allowed and defendant No.1 is permitted to file scanned copies of the notarised documents mentioned above, subject to the undertaking that the duly apostilled original documents will be filed as soon as they are received by learned counsel for defendants, and not later than eight weeks from today. In the event that the defendants require a further extension of time, they may make an appropriate application which will be considered on its own merits.
6. The application stands disposed of.
CS(COMM) 581/2019, I.A. 14474/2019 (Application under Order XXXIX Rule 1 and 2 of the CPC, 1908), & I.A. 100/2020(Application under Order I Rule 10 of the CPC, 1908),
1. Mr. Saikrishna Rajagopal, learned counsel for the defendants states that the written statement and documents will be served upon learned CS(COMM) 581/2019 page 4 of 6 counsel for the plaintiff in terms of the order passed today within the course of the day. The replication to written statements may be filed within four weeks alongwith affidavit of admission/denial of documents filed on behalf of the defendants. Rejoinder to I.A.14474/2019 may also be filed within four weeks. The replication and rejoinder to I.A.14474/2019 will be filed by the plaintiff in sealed cover at the first instance, subject to further orders of the Court.
2. The defendants have filed three counterclaims under diary No.231169 dated 14.02.2020, diary No.268489 dated 22.02.2020 and diary No.268490 dated 22.02.2020. The counter-claims be numbered. Learned counsel for the plaintiff may file written statements to the counter-claims and affidavits of admission/denial of the documents filed with the counter-claims within thirty days.
3. Mr. Anand, learned counsel for the plaintiff states that the documents filed with the counter-claims run into 54 volumes and the plaintiff may therefore require an extension of time (within the permissible outer limit of 120 days) for filing the written statement to the counter-claims. Although Mr. Saikrishna, learned counsel for the defendants states that he has no objection to an extended period of time being granted, in view of the fact that the Rules and the Commercial Courts Act allow a period of thirty days, at the first instance, the plaintiff is presently directed to file the written statement within the said period. If required, the plaintiff may make an application for extension of time which will be considered at the appropriate stage.
4. Replications to the written statements to the counter claims, and affidavits of admission/denial of any documents filed by the plaintiff may CS(COMM) 581/2019 page 5 of 6 be filed within four weeks thereafter. Similar liberty to apply for extension of time is granted to learned counsel for the defendants/counter claimants also.
5. List before the Joint Registrar for completion of pleadings, admission/denial of documents and marking of exhibits on 20.04.2020.
6. List before the Court alongwith pending applications on 12.05.2020.
PRATEEK JALAN, J
FEBRUARY 24, 2020/„j‟ /s
CS(COMM) 581/2019 page 6 of 6