Delhi High Court - Orders
Super Cassettes Industries Private ... vs Rajasthan Patrika Private Limited on 9 December, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 320/2021
SUPER CASSETTES INDUSTRIES PRIVATE LIMITED
..... Plaintiff
Through : Mr.Uday Singh Chopra and Mr.Parva
Kaushal Khare, Advocates.
versus
RAJASTHAN PATRIKA PRIVATE LIMITED ..... Defendant
Through : Ms.Sanya Dua and Mr.Gurmukh
Choudhri, Advocates.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 09.12.2021 I.A.No. 13359/2021
1. This application is moved on behalf of the defendant under Order 6 Rule 17 read with Section 151 and 153 CPC.
2. This suit is filed seeking decree of permanent injunction restraining the Defendant from broadcasting the Plaintiffs copyrighted works to the public on the Defendant's FM radio stations.
3. The defendant filed the written statement along with Affidavit of Admission and Denial of Plaintiffs documents on 26.08.2021 but it is stated, by inadvertence, the statement of truth was not placed on record, at the time of such filing.
4. Para 3 of the application says it was only due to inadvertence of the Defendant's counsel and its court clerk that, at the time of filing of the written statement, the statement of truth was not attached therewith. The statement of truth was though available in his office but could not be filed since the office of the Defendant's counsel was not fully operational and Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:10.12.2021 16:38 hence this error was not identified and rectified on an earlier occasion.
5. Hence the defendant has filed this application under Order 6 Rule 17 read with Section 151 and 153 CPC seeking to bring on record the Statement of Truth filed under Order 6 Rule 15A CPC.
6. Learned counsel for the plaintiff objects to the allowing of the petition.
7. In view of the submissions so made, the application is allowed subject to payment of cost of Rs.5,000/- to be deposited in High Court of Delhi (Middle Income Group) Legal Aid Society within two weeks from today.
8. The Statement of Truth be filed within a week from today.
9. The application stands disposed of.
CS(COMM) 320/2021
10. List before the Joint Registrar for completion of pleadings on 15.03.2022.
YOGESH KHANNA, J.
DECEMBER 09, 2021 VLD Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:10.12.2021 16:38