Delhi High Court - Orders
Koninklijke Philips N.V vs Oplus Mobitech India Pvt. Ltd. & Ors on 26 November, 2020
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 574/2019
KONINKLIJKE PHILIPS N.V. .....Plaintiff
Through : Mr. Pravin Anand with Ms. Vaishali Mittal,
Mr. Siddhant Chamola and Rohin Koolwal,
Advs.
versus
OPLUS MOBITECH INDIA PVT. LTD. & ORS. .....Defendants
Through : Mr. Saikrishna Rajagopal with Mr. Sidharth
Chopra, Ms. Julien George, Ms. Sneha Jain,
Ms. Garima Sahney, Dr. Amitavo Mitra,
Ms. Anu Paarcha, Dr. Victor Vaibhav
Tandon, Mr. Arjun Gadhoke, Mr. Vivek
Ayyagari, Mr. Avijit Kumar and Mr.
Aniruddh Bhatia, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 26.11.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 10836/2020
1. Allowed, subject to the plaintiff curing the deficiencies referred to in the captioned application within two weeks from today.
I.A. No. 2513/20202. Allowed, subject to the defendants filing the legible copies of dim documents within two weeks from today.
CS(COMM) 574/2019 1/4 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:29.11.2020 12:36:20I.A. Nos. 2514/2020 & 11122/2020
3. These are the applications filed on behalf of the defendants. 3.1 In effect, the defendants crave the leave of this Court to file certain documents via a compact disk [CD].
3.2 Mr. Pravin Anand, who appears on behalf of the plaintiff, says that he has no objection to the prayers made in the captioned applications being allowed.
4. Accordingly, the prayers made in the captioned applications are allowed.
4.1 The defendants are granted leave to file the documents via a CD or in a USB flash drive.
4.2 Since the CD/USB flash drive would contain electronic evidence and, therefore, the Registry will ensure that necessary steps are taken, in that behalf, including according a hash (#) value to the evidence presented so that the same is not tampered with.
I.A. Nos. 16604/2019 & 2512/2020
5. Mr. Anand says that, although, there is a delay in filing the written statement, on behalf of the defendants, he does not oppose the prayers made in the captioned applications.
6. Accordingly, the delay in filing the written statement is condoned.
7. Written statement is now, formally, taken on record.
8. Consequently, the applications shall stand disposed of in the aforementioned terms.
CS(COMM) 574/2019 2/4 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:29.11.2020 12:36:20 I.A. No.10835/20209. This is an application moved on behalf of the plaintiff for constitution of a confidentiality club.
10. Mr. Anand seeks and is granted two weeks to file a rejoinder.
11. List the captioned application on 12.03.2021. Counter-Claim No. _____ in CS (COMM) No. 574/2019 [To be numbered]
12. Mr. Saikrishna Rajagopal, who appears for the defendants, says that a counter-claim has been filed, which requires to be numbered.
13. The Registry will number the counter-claim, separately, which has been filed by the defendants, as indicated hereinabove.
13. Furthermore, to hasten the proceedings, notice is issued in the counter-claim filed by the defendants.
13.1 Mr. Anand accepts service on behalf of the plaintiff. Mr. Anand seeks and is granted six weeks to file a written statement to the counter-claim. 13.2 Replication thereto will be filed by Mr. Rajagopal within four weeks from the date of receipt of a copy of the written statement.
14. List the matter on 12.03.2021.
CS(COMM) No.574/2019 & I.A. No.14318/2019
15. Counsels for the parties say that they will take forward the directions contained in order dated 08.10.2020 vis-a-vis the 20 licenses referred to therein.
15.1 I must indicate that Mr. Anand has informed me that the plaintiff has filed 15 lumpsum license agreements which are referred to in paragraph 5.1 of the order dated 08.10.2020.
CS(COMM) 574/2019 3/4 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:29.11.2020 12:36:2015.2 Besides this, Mr. Anand says that two other agreements, which are also lumpsum license agreements, have been filed. 15.3 In other words, Mr. Anand says that the plaintiff has filed seventeen (17) lumpsum license agreements, in total, in a sealed cover, in the electronic form, albeit, with password protection, with the Registry of this Court.
16. As indicated in the order dated 08.10.2020, in case counsel for the parties are not able to arrive at an agreement, I will rule as to whether or not the plaintiff needs to give access to the defendants qua 15 (now, 17) license agreements.
17. For the moment, counsel for the parties, as indicated above, will take forward the exercise contemplated in the order dated 08.10.2020 with respect to 20 licenses.
18. I may also note that Mr. Rajagopal has informed me that he has already filed an affidavit disclosing the sales figures concerning defendant no. 1. This affidavit, I am told, has been filed with the Registry in a sealed cover.
18.1 Mr. Anand will be given access to this affidavit under the confidentiality club.
19. Needless to add, counsel for the parties will follow the protocol set forth under the extant rules qua the confidentiality club.
22. List the matter, for directions, on 16.12.2020.
RAJIV SHAKDHER, J NOVEMBER 26, 2020 Click here to check corrigendum, if any CS(COMM) 574/2019 4/4 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:29.11.2020 12:36:20