Delhi High Court - Orders
Largan Precision Co. Ltd vs Motorola Mobility India Limited And Ors on 11 July, 2024
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 405/2023
LARGAN PRECISION CO. LTD .....Plaintiff
Through: Mr. Pravin Anand, Mr. Shrawan
Chopra, Mr. Vibhav Mithal, Ms.
Samya Singh and Mr.Achyut
Tewari, ADvs.
versus
MOTOROLA MOBILITY INDIA LIMITED AND ORS
.....Defendants
Through: Mr. Peeyoosh Kalra, Mr. Vineet
Rohilla, Mr. Ankush Verma, Ms.
Gurneet Kaur and Mr. Yashwant
Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 11.07.2024
I.A. 11164/2023-Direction
1. Learned counsel appearing for the defendants submit that in compliance of para 15 of order dated 01.06.2023, the affidavit of compliance has already been filed vide diary no. 1103066/2022 in a sealed cover.
2. Learned counsel appearing for the plaintiff submits that de hors the six interrogatories sought by him annexed alongwith the Form II, Order XI rule 4, CPC alongwith the present application, he will be satisfied if the defendants are called upon to file the interrogatories with respect to only those mentioned in serial no. 1(i) and 1(vi) at this stage.
3. Learned counsel for the defendants submit that he has already filed the counter-claim and does not wish to file any response to the aforesaid This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2024 at 04:14:53 interrogatories as the suit is at a very nascent stage.
4. Accordingly, renotify on 27.11.2024.
I.A. 16931/2023-O11r2, CPC
5. The defendants by this Application have sought response to the 21 interrogatories as per the Form II, Order 11 rule 4, CPC.
6. Learned counsel for the plaintiff, at the outset, submits that the same parties before this Court in the present suit are involved in another litigation being CS(Comm) 795/2022 pending before a co-ordinate bench of this Court wherein this very defendant has sought similar 18 interrogatories out of the 21 interrogatories sought by the defendants herein. He submits, they are, thus, already covered. He further submits that the very same 18 interrogatories have already been allowed by a Co- ordinate Bench by the order dated 06.07.2024 passed while disposing IA 12002/2023 in CS(Comm) 795/2022.
7. Accordingly, learned counsel appearing for the plaintiff seeks, and is granted, four weeks for filing an affidavit of a responsible person giving details of the working of the patented invention on a commercial scale and royalties earned, if any, as also the figures relating to the commercial sales and royalties, if any, received by the plaintiff in a sealed cover.
8. Qua the remaining three interrogatories 19 to 21, learned counsel appearing for the plaintiff submits that since the defendants have raised the issue of invalidity and the plaintiff has already been granted a patent in its favour. As per the said learned counsel, since the onus qua the said interrogatories squarely lies upon the defendants, he does not wish to file any response qua them.
9. Accordingly, the present application is disposed of in the above This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2024 at 04:14:53 terms.
I.A. 11163/2023-Stay
10. Learned counsel for the parties seek and are granted four weeks to file written synopsis not exceeding five pages giving a chronological list of dates, events and relevant documents, if any, alongwith duly highlighted relevant judgments, which they wish to rely upon.
11. Renotify on 27.11.2024.
Counter Claim No...................../2024 (to be numbered)
12. The Registry is directed to number the counter claim.
13. Issue summons.
14. Learned counsel appearing for the plaintiff accepts summons and submits that the written statement alongwith the written synopsis thereto shall be filed within a period of thirty days from the date of the receipt of the summons. Written statement(s) be filed by the plaintiff along with affidavit(s) of admission/ denial of documents of the defendants, without which the written statement(s) shall not be taken on record.
15. Replication(s) thereto, if any, be filed by the defendants within a period of fifteen days from the date of receipt of written statement(s). The said replication(s), if any, shall be accompanied by with affidavit(s) of admission/ denial of documents filed by the plaintiff, without which the replication(s) shall not be taken on record within the aforesaid period of fifteen days.
16. Renotify on 27.11.2024.
SAURABH BANERJEE, J JULY 11, 2024/rr This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2024 at 04:14:54