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Delhi High Court - Orders

The Cartoon Network Inc vs Mr. Vishvajeet Sharma & Ors on 18 January, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                   $~19
                   *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                   +      CS(COMM) 1185/2016
                          THE CARTOON NETWORK INC.                              ..... Plaintiff
                                             Through:     Mr. Pravin Anand, Mr. Dhruv Anand,
                                                          Ms. Udita Patro and Ms. Sampurnaa
                                                          Sanyal, Advocates.
                                             versus

                          MR. VISHVAJEET SHARMA & ORS.             ..... Defendants
                                       Through: Ms. Neelam Pathak, Advocate.

                          CORAM:
                          HON'BLE MR. JUSTICE SANJEEV NARULA
                                  ORDER
                   %              18.01.2022
                   [VIA VIDEO CONFERENCING]

I.A. 892/2022 (under Section 89 read with Section 151 of the Code of Civil Procedure, 1908 for reference to Mediation)

1. By way of the present application, Plaintiff seeks a direction for referring the parties to Delhi High Court Mediation and Conciliation Centre. It is noticed that vide order dated 8th October, 2020, parties were referred to mediation, however, nothing fructified. In the application, Plaintiff has averred that Defendants did not appear before the learned Arbitrator, however, this allegation is denied by Ms. Neelam Pathak, counsel for the Defendants, who, in fact, submits that she would like to file a formal reply stating the stand of the Defendant No. 4.

2. However, considering the nature of the application, the Court does not feel it necessary to afford an opportunity to Defendants to file a formal Signature Not Verified NAMITA DHYANI 18.01.2022 21:27:37 reply, and instead, the statement made by the counsel is taken on record.

3. The Court has heard the counsel and it does appear that there is a possibility for the parties to mediate. Counsel for the Defendants states that she is willing to explore this option, without prejudice to her rights.

4. Accordingly, parties are referred to the Delhi High Court Mediation and Conciliation Centre. The Mediation Centre is requested to appoint Mr. Rajiv Virmani, Senior Advocate as the Mediator in the present case.

5. List before the Mediation Centre on 24th January, 2022.

6. List before the Court on 25th February, 2022.

7. With the above direction, the application is disposed of.

SANJEEV NARULA, J JANUARY 18, 2022 nd