Delhi High Court - Orders
Aggressive Electronics Manufacturing ... vs Vivaan Electronic Technology Pvt. Ltd. ... on 9 October, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 354/2020
I.A. 7587/2020 (under Order XXXIX Rule 1 and 2 CPC)
AGGRESSIVE ELECTRONICS
MANUFACTURING SERVICES PVT. LTD. ..... Plaintiff
Represented by: Mr. Dheeraj Malhotra, Mr. Sidharth
Joshi, Advocate.
versus
VIVAAN ELECTRONIC TECHNOLOGY
PVT. LTD. & ORS. .... Defendant
Represented by: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 09.10.2020 The hearing has been conducted through Video Conferencing.
1. Plaint be registered as suit.
2. Issue summons in the suit and notice in the application to the defendants on the plaintiff taking steps through e-mail/SMS/Whatsapp/speed post and courier returnable before this Court on 2 nd December, 2020.
3. Written statement and reply affidavit along with the affidavit of admission/denial be filed within 30 days of receipt of the summons.
4. Replication and rejoinder affidavit along with the affidavit of admission/denial within three weeks thereafter.
5. Case of the plaintiff is that the plaintiff entered into a Joint Venture Agreement with defendant No.3 in respect to but not limited to the business Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 354/2020 Page 1 of 2 Signing Date:10.10.2020 05:33:23 This file is digitally signed by PS to HMJ Mukta Gupta of manufacturing set-top boxes and other electronic accessories and that the plaintiff had 49% shareholdings whereas defendant No.3 had 51% shareholding in the joint venture company.
6. Though initially the work of manufacturing was by the Joint Venture Company, however subsequently defendant No.3 transferred the said manufacturing work to defendant No.1; whereafter it has also slowly transferred the business of selling of set-top boxes through defendant No.1 instead of the Joint Venture Company in collusion with ex-employees and managers of the Joint Venture Company, taking away the initial client base of the plaintiff.
7. Considering the fact that the plaintiff by the present suit seeks decree of declaration besides permanent and mandatory injunction, it would be appropriate to pass an order on the application seeking interim injunction after notice to the defendants.
8. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
OCTOBER 09, 2020 'ga' Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 354/2020 Page 2 of 2 Signing Date:10.10.2020 05:33:23 This file is digitally signed by PS to HMJ Mukta Gupta