Reckitt Benckiser (India) Pvt. Limited ... vs Wipro Enterprises (P) Limited on 28 April, 2023

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Delhi High Court - Orders

Reckitt Benckiser (India) Pvt. Limited ... vs Wipro Enterprises (P) Limited on 28 April, 2023

Bench: C.Hari Shankar

                  $~23
                  *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +      CS(COMM) 258/2023, I.A. 8257/2023, I.A. 8258/2023, I.A.
                         8259/2023, I.A. 8260/2023, I.A. 8261/2023, I.A. 8262/2023 &
                         I.A. 8263/2023

                         RECKITT BENCKISER (INDIA) PVT. LIMITED & ANR.
                                                                   ..... Plaintiffs
                                      Through: Mr. Chander M. Lall, Sr. Adv.
                                      with Ms. Nancy Roy, Mr. Jawahar Lal, Ms.
                                      Ananya Chug, Ms. Nida Khanan, Ms.
                                      Prakriti Varshney, Ms. Aastha Kakkar and
                                      Mr. Prashant, Advs.

                                              versus

                         WIPRO ENTERPRISES (P) LIMITED            ..... Defendant
                                      Through: Mr. Akhil Sibal, Sr. Adv. with
                                      Mr. Ankur Sangal, Ms. Pragya Mishra, Mr.
                                      Shashwat Rakshit and Ms.Trisha Nag, Advs.

                         CORAM:
                         HON'BLE MR. JUSTICE C.HARI SHANKAR
                                              ORDER

                  %                           28.04.2023

                  CS(COMM) 258/2023

1. I heard Mr Chander M. Lall, learned Senior Counsel for the plaintiff, for some time.

2. As the issue in controversy in this case relates to disparagement, Mr. Akhil Sibal, learned Senior Counsel for the defendant very fairly agrees to final disposal of I.A. 8257/2023, preferred by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) on 2nd May 2023 and prays for permission to file a response to the application on or before 1st May 2023.

Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 258/2023 Page 1 of 4 Signing Date:01.05.2023 12:07:17

3. The issue in this suit deserve consideration.

4. Accordingly, let the plaint be registered as a suit.

5. Issue summons in the suit. Summons are accepted by Mr. Ankur Sangal.

6. Written statement, accompanied by affidavit of admission/denial of the documents filed by the plaintiff be filed within 30 days with advance copy to learned Counsel for the plaintiff who may file replication thereto, accompanied by affidavit of admission/denial of the documents filed by the defendant within 30 days thereof.

7. List before the learned Joint Registrar (Judicial) for completion of pleadings, admission and denial of the documents and marking of exhibits on 10th July 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.

I.A. 8257/2023 (under Order XXXIX Rules 1 and 2 of the CPC)

8. Issue notice, returnable before Court on 2nd May 2023.

9. Notice is accepted by Mr. Ankur Sangal.

10. Let a reply to this application be filed on or before Monday, i.e. 1st May 2023 at 11 am.

11. Let an advance copy be served on Ms. Nancy Roy, learned Signature Not Verified Counsel for the plaintiff. Additionally, a copy of the reply be also Digitally Signed By:KAMLA RAWAT CS(COMM) 258/2023 Page 2 of 4 Signing Date:01.05.2023 12:07:17 emailed to the Court Master on or before 11 am on 1st May 2023.

12. Should the plaintiff so desire, the plaintiff may file a rejoinder to the reply and if so, a copy of the rejoinder be emailed to the learned Counsel for the defendant on or before Monday evening as well as to the Court Master.

13. List the application for final hearing and disposal, as the first item in the supplementary list, on 2nd May 2023.

I.A. 8258/2023 (under Section 12A of the Commercial Courts Act, 2015)

14. In view of the judgment of the Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltd 1, exemption is granted from the requirement of pre-institution mediation under Section 12 A of the Commercial Courts Act, 2015.

15. The application stands allowed accordingly I.A. 8259/2023 (under Section 151 of the CPC)

16. Subject to the plaintiff filing legible copies of any dim or illegible documents on which it may seek to place reliance within four weeks from today, exemption is granted for the present.

17. The application is disposed of.

I.A. 8260/2023 (under Section 149 of the CPC)

18. Four weeks' time is granted to the plaintiff to file the requisite court fee.

Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 258/2023 Page 3 of 4 Signing Date:01.05.2023 12:07:17

19. The application is disposed of.

I.A. 8261/2023 (under Section 151 of the CPC)

20. For the reasons stated herein, the plaintiff is permitted to file lengthy synopsis.

21. The application is allowed.

I.A. 8262/2023 (under Section 151 of the CPC)

22. For the reasons stated herein, the plaintiff is permitted to file the aforesaid videos/advertisements in compact disc CD.

23. The application is allowed.

I.A. 8263/2023 (Under Order XI Rule 1(4) of the CPC)

24. This application seeks permission to file additional documents.

25. The petitioner is permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act within 30 days from today.

26. The application stands disposed of accordingly.

C.HARI SHANKAR, J APRIL 28, 2023 ar Signature Not Verified 1 Digitally Signed 2022 SCC OnLine Del 3529 By:KAMLA RAWAT CS(COMM) 258/2023 Page 4 of 4 Signing Date:01.05.2023 12:07:17

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Delhi High Court - Orders