Delhi High Court - Orders
Dabur India Limited vs Marico Limited on 25 July, 2024
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 611/2024 & CAV 333/2024 & I.A. Nos. 34272/2024,
34273/2024, 34274/2024, 34275/2024, 34276/2024 & 34277/2024
DABUR INDIA LIMITED .....Plaintiff
Through: Mr. Rajiv Nayar, Senior Advocate
with Mr. Anirudh Bakhru, Mr. Ankur
Chhibber, Ms. Kripa Pandit, Mr.
Prabhu Tandon and Mr. Christopher,
Advocates.
(M): 7838499168
versus
MARICO LIMITED .....Defendant
Through: Mr. Akhil Sibal, Senior Advocate
with Mr. Ankur Sangal, Ms. Pragya
Mishra and Ms. Amrit Sharma,
Advocates.
(M): 9971432165
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 25.07.2024 CAV 333/2024
1. The caveator has put in appearance.
2. Accordingly, the caveat stands discharged.
3. Application is disposed of.
I.A. No. 34276/2024 (Exemption from filing clear copies of documents)
4. The present is an application under Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking exemption from filing translated copies, 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 27/07/2024 at 05:26:21 clearer copies/documents, with correct margins.
5. Exemption is granted, subject to all just exceptions.
6. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance, within four weeks from today, or before the next date of hearing, whichever is earlier.
7. Accordingly, the present application is disposed of. I.A. No. 34275/2024 (Application to file additional documents)
8. The present application has been filed on behalf of the plaintiff under Order XI Rule 1(4) of the CPC, 1908 as amended by Commercial Courts Act, 2015, read with Section 151 CPC, seeking liberty to file additional documents at the appropriate stage.
9. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.
10. Accordingly, the present application is disposed of. I.A. No. 34274/2024 (seeking exemption from undergoing Pre- Institution Mediation)
11. The present is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 of CPC for exemption from undergoing Pre-Institution Mediation.
12. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar versus T.K.D. Keerthi, 2023 SCC OnLine SC 1382, and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption from undergoing Pre-Institution Mediation, is granted.
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 27/07/2024 at 05:26:21
13. Accordingly, the application stands disposed of. I.A. No. 34273/2024 (Application under Section 149 CPC seeking extension of time for filing Court Fees and One Time Process Fee)
14. Learned senior counsel appearing for the plaintiff submits that Court fees shall be deposited within a period of two weeks.
15. Liberty is so granted.
16. With the aforesaid directions, the application is disposed of. I.A. No. 34277/2024 (Application under Section 151 CPC seeking extension leave to file documents in Pen Drive)
17. The present application is filed by the plaintiff under Section 151 of CPC seeking leave to file documents in a pen drive.
18. The said documents comprise of the TVC which disparages the plaintiff's product "DABUR AMLA HAIR OIL".
19. Rule 24 of Chapter-XI of the Delhi High Court (Original Side) Rules, 2018, make it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said rule is extracted as 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 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 27/07/2024 at 05:26:22 dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872."
20. Accordingly, Registry may receive electronic record on pen drive, so long as it is encrypted with a hash value or in any other non-editable format. The video recording containing the pen drive 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.
21. Application is disposed of.
CS(COMM) 611/2024
22. Let the plaint be registered as suit.
23. Issue summons to the defendant.
24. Summons is accepted by learned counsel appearing for the defendant.
25. The written statement be filed by the defendant, within thirty days from the date of receipt of summons. Along with the written statement, the defendant shall also file affidavit of admission/denial of the plaintiff's documents, without which, the written statement shall not be taken on record.
26. Liberty is given to the plaintiff to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of the defendant, 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 the documents, the same shall be sought and given within the timelines.
27. List before the Joint Registrar (Judicial) for marking of exhibits on 06th August, 2024.
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 27/07/2024 at 05:26:22
28. List before the Court on 22nd August, 2024.
I.A. No. 34272/2024 (Application under Order XXXIX Rules 1 and 2)
29. Issue notice.
30. Notice is accepted by learned counsel appearing for the defendant, who submits that he may be granted two weeks time to file reply.
31. Accordingly, let reply be filed within a period of two weeks. Rejoinder thereto, if any, be filed within a period of 5 days, thereafter.
32. List on 22nd August, 2024.
MINI PUSHKARNA, J JULY 25, 2024 c 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 27/07/2024 at 05:26:22