Delhi High Court - Orders
T.V. Today Network Limited vs The Cognate & Ors on 17 May, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 246/2021
T.V. TODAY NETWORK LIMITED ..... Plaintiff
Through: Mr. Hrishikesh Baruah with Mr.
Shahrukh Ejaz, Advocates.
versus
THE COGNATE & ORS. ..... Defendants
Through: Mr. Shaik Zakeer Hussain
(D-2-in-person)
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 17.05.2021 [VIA VIDEO CONFERENCING] I.A. 6414/2021(for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
I.A. 6415/2021 (for exemption from sworn/affirmed affidavits)
3. The present application u/O XIX Rule 1 r/w Section 139 and Section 151 of the Code of Civil Procedure, 1908 (in short 'CPC') on behalf of the Plaintiff seeks exemption from sworn/affirmed affidavits with the plaint.
4. The application is allowed, subject to the Plaintiff filing the exempted documents within two weeks from the day the lockdown restrictions imposed by the Government of NCT of Delhi are lifted and the facility for attestation of sworn/affidavits is resumed.
5. The application stands disposed of.
I.A. 6413/2021 (u/Section 151 of the CPC for filing additional documents) CS(OS) 246/2021 Page 1 of 3
6. This is an application seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (in short 'Commercial Courts Act').
7. 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.
8. Accordingly, the application stands disposed of. CS(OS) 246/2021
9. Let the plaint be registered as a suit.
10. Issue summons. Mr. Shaik Zakeer Hussain, Defendant No.2 appears in person, accepts summons on behalf of Defendant Nos. 1 and 2. Written statements be filed by the Defendants within 30 days from today. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record. Summons be issued to the remaining Defendant Nos. 3 to 5.
11. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants 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 any documents, the same shall be sought and given within these timelines.
12. List before the Joint Registrar for marking of exhibits on 22nd July, 2021. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
13. List before Court on 21st May, 2021.
I.A. 6412/2021 (u/o XXXIX Rules 1 and 2 r/w Section 151 of the CPC CS(OS) 246/2021 Page 2 of 3 seeking ex-parte ad-interim injunction)
14. Issue notice. Mr. Shaik Zakeer Hussain, Defendant No. 2 appears in person, accepts notice on behalf of Defendant Nos. 1 and 2. Mr. Hrishikesh Baruah, learned counsel for the Plaintiff has been heard. Mr. Shaik Zakeer Hussain has also made submissions. He states that he would like to retain a counsel and an adjournment is sought.
15. List for hearing on 21st May, 2021.
SANJEEV NARULA, J MAY 17, 2021 nd CS(OS) 246/2021 Page 3 of 3