Delhi High Court - Orders
No.8) No.5) Technology (Intermediary ... vs Def & Ors on 24 September, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 160/2017
I.A. 4266/2017 (under Order XXXIX Rule 1 and 2 CPC)
I.A. 5951/2017 (under Section 79 Information Technology Act)
I.A. 5952/2017 (under Section 79 Information Technology Act)
I.A. 10234/2017 (under Order XXXIX Rule 4 CPC-by defendant
No.8)
I.A. 10236/2017 (under Order XXXIX Rule 4 CPC-by defendant
No.5)
I.A.6390/2018 (under Section 151 CPC r/w Rule 3 of Information
Technology (Intermediary Guidelines) Rules, 2011 r/w Section 79 of
IT Act-for early hearing and directions-by plaintiff)
ABC ..... Plaintiff
Represented by: Mr. Kamshad Mohsin, Advocate.
versus
DEF & ORS. ..... Defendant
Represented by: Mr. Harshit Vashisht, Advocate for
defendant No.1.
Mr. Tejas Karia, Advocate with
Mr. Gauhar Mirza,
Mr. Shijo George, &
Mr. Dhruv Bhatnagar, Advocates for
defendant Nos.5 and 8.
Mr. Abhishek Kumar Singh,
Advocate with Mr. Saurabh Kumar,
Advocate for defendant No.7.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 24.09.2020 The hearing has been conducted through Video Conferencing.
Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(OS) 160/2017 Page 2 of 2Signing Date:24.09.2020 22:18:53 This file is digitally signed by PS to HMJ Mukta Gupta
1. The suit has been placed before the Court pursuant to the order of the learned Joint Registrar dated 9th September, 2020, which reads as under:-
"Matter has been taken up for hearing through video conferencing in view of directions contained in office order No.418/RG/DHC/2020 dated 27.08.2020.
File not received.
Learned counsel for plaintiff seeks two weeks more time to file affidavit for admission/denial qua the documents filed by defendant No.5 & 8 alongwith amended written statement. Let same be filed as submitted.
Learned counsel for parties inform that pleadings in the case are already complete. Affidavit for admission / denial of documents filed by both the parties are also on record. Matter is ripe for settlement of issues.
Accordingly, as jointly prayed, list the matter before Hon'ble Court on 24.09.2020."
2. The learned Joint Registrar in the order has noted that affidavit of admission-denial qua the documents filed by defendant Nos.5 and 8 have not been filed by the plaintiff and granted two weeks time to the plaintiff in this respect.
3. Without the affidavit of admission-denial being on record and without marking the necessary documents, learned Joint Registrar has listed the suit before this Court for settling the issues.
4. List the suit before the learned Joint Registrar on 6th October, 2020.
5. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
SEPTEMBER 24, 2020 vk Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(OS) 160/2017 Page 2 of 2 Signing Date:24.09.2020 22:18:53 This file is digitally signed by PS to HMJ Mukta Gupta