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Koninklijke Philips Nv vs Guangdong Oppo Mobile ... on 26 July, 2022

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~23
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +        CS(COMM) 310/2022 & I.A. 7372/2022
                                   KONINKLIJKE PHILIPS NV                   ..... Plaintiff
                                                Through: Mr. Chander M. Lall, Senior
                                                Advocate with Ms. Saya Choudhary Kapur,
                                                Mr. Ashutosh Kumar, Ms. Vrinda Bagaria,
                                                Mr. Swarnil Dey, Mr. Munesh Sharma. Mr. Vinod
                                                Chauhan and Ms. Annanya Chugh, Advocates.
                                                      versus
                                   GUANGDONG OPPO MOBILE TELECOMMUNICATIONS
                                   COMPANY LIMITED & ANR.                      ..... Defendants
                                                 Through: Mr. Saikrishna Rajagopal, Ms. Julien
                                                 George, Ms. Anu Paarcha, Mr. Arjun Gadhoke,
                                                 Ms. Subhoshree Sil, Mr. Avijit Kumar
                                                 Mr. Aniruddh Bhatia, Ms. N. Parvati, Ms. Bhamini
                                                 Shenoy, Ms. Stuti Dhyani and Ms. Yogita
                                                 Agarwal, Advocates.
                                   CORAM:
                                   HON'BLE MS. JUSTICE JYOTI SINGH
                                                      ORDER

% 26.07.2022 I.A. 11641/2022 (additional documents, by Plaintiff)

1. Issue notice.

2. Ms. Julien George, learned counsel accepts notice on behalf of the Defendants and seeks a period of four weeks to file reply.

3. Let reply be filed within a period of four weeks from today.

4. Rejoinder, if any, be filed within a period of two weeks thereafter.

5. List on 10.10.2022.

I.A. 7366/2022 (under Order 39 Rules 1 and 2 CPC, by Plaintiff)

6. Reply be filed by the Defendants within a period of four weeks from today.

7. Rejoinder, if any, be filed by the Plaintiff, within a period of three weeks thereafter.

8. List on 10.10.2022.

9. I have heard learned Senior Counsel for the Plaintiff and learned counsels on behalf of the Defendants at some length on the issue of a pro-tem arrangement between the parties, during the pendency of the present application.

10. It is pertinent to note that pursuant to the order dated 11.05.2022 passed by this Court directing Defendants to file an affidavit, disclosing their unencumbered assets, both movable and immovable in India, an affidavit dated 26.05.2022 has been filed on behalf of Defendant No. 2. In para 4 of the affidavit, Defendant No. 2 has disclosed the details of its unencumbered immovable assets in India.

11. Mr. Saikrishna Rajagopal, learned counsel for the Defendants, on instructions, submits that without prejudice to the rights and contentions of the Defendants and purely as an interim arrangement, Defendant No. 2 is willing to furnish a security in terms of one of its immovable assets mentioned in para 4 of the affidavit dated 26.05.2022.

12. Mr. Lall, learned Senior Counsel appearing on behalf of the Plaintiff, on instructions, has no objection to the offer made subject, however, to verification of the Title Deeds of the property and without prejudice to the rights and contentions of the Plaintiff in the present application as well as the suit.

13. With the consent and agreement of the parties, as a pro-tem arrangement, the following directions are issued:-

(i) Defendant No. 2 shall not alienate, transfer or part with and/or Signature Not Verified Signed By:KAMAL KUMAR CS(COMM) 310/2022 Page 2 of 3 Signing Date:26.07.2022 20:16:55 encumber the property, bearing Sy No. -142 (Floors 15, 16 and

17), Nanakramguda village, Serilingampally, Madal & Municipality, Ranga Reddy District, Hyderabad, Telangana, in any manner whatsoever.

(ii) An affidavit of undertaking to the aforesaid extent shall be filed on behalf of Defendant No. 2, sworn by its Authorised Representative and accompanied by a Board Resolution authorising filing of the said affidavit. Affidavit shall be filed within a period of two weeks from today with advanced copy to learned counsel for the Plaintiff.

(iii) Parties along with their counsels shall appear before the concerned Registrar on 17.08.2022, for verification of the Title Deeds of the property aforementioned.

14. It is made clear that this pro-tem arrangement has been arrived at in the peculiar facts of this case and the consent order passed today shall neither be treated as a precedence nor referred to or relied upon by either party to the lis, in any Court of law.

15. The pro-tem arrangement shall operate during the pendency of the present application as well as I.A. 7372/2022, seeking constitution of a confidentiality club.

16. Needless to state that this is only a pro-tem arrangement and is without prejudice to the rights and contentions of the Plaintiff and the Defendants.

JYOTI SINGH, J JULY 26, 2022/sn Signature Not Verified Signed By:KAMAL KUMAR CS(COMM) 310/2022 Page 3 of 3 Signing Date:26.07.2022 20:16:55