Delhi High Court - Orders
New Balance Athletics Inc vs New Balance Immigration Private ... on 5 July, 2022
Author: Jyoti Singh
Bench: Jyoti Singh
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 444/2022
NEW BALANCE ATHLETICS INC. ..... Plaintiff
Through: Mr. Dushyant K. Mahant, Mr. Urfee
Roomi and Mr. Anubhav Chabra, Advocates.
Versus
NEW BALANCE IMMIGRATION
PRIVATE LIMITED ..... Defendant
Through: None.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 05.07.2022 I.A. 10070/2022 (exemption)
1. Subject to the Plaintiff filing originals, clearer copies and documents with proper margins, which it may seek to place reliance on, within four weeks from today, exemption is granted.
2. Application is allowed and disposed of.
I.A. 10072/2022 (Exemption from filing Apostilled Power of Attorney)
3. Subject to the Plaintiff filing Apostilled Power of Attorney within four weeks from today, exemption is granted.
4. Application is allowed and disposed of.
I.A. 10071/2022(exemption from service to Defendant)
5. For the reasons stated in the application, the same is allowed and disposed of.
CS(COMM) 444/2022 page 1 of 3 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:06.07.2022 16:36:57 I.A. 10069/2022(seeking leave to file additional documents)
6. Present application has been preferred on behalf of the Plaintiff seeking leave to file additional documents under Order 11 Rule 1(4) CPC.
7. 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.
8. Application is allowed and disposed of.
CS(COMM) 444/2022
9. Let plaint be registered as a suit.
10. Upon filing of process fee, issue summons to the Defendant, through all permissible modes, returnable on 13.09.2022, before the learned Joint Registrar.
11. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the receipt of summons. Along with the written statement, Defendant shall also file an affidavit of admission/denial of the documents filed by the Plaintiff.
12. Replication be filed by the Plaintiff within 15 days of the receipt of the written statement. Along with the replication, an affidavit of admission/denial of documents filed by the Defendant, shall be filed by the Plaintiff.
13. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines. I.A. 10068/2022(under Order 39 Rules 1 and 2 CPC, by Plaintiff)
14. Present application has been preferred by the Plaintiff under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 for grant of an ex-parte ad-interim injunction.
CS(COMM) 444/2022 page 2 of 3 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:06.07.2022 16:36:57
15. Issue notice to the Defendant through all prescribed modes, returnable on 22.07.2022.
16. Dasti in addition.
JYOTI SINGH, J
JULY 05, 2022/shivam
CS(COMM) 444/2022 page 3 of 3
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:06.07.2022
16:36:57