Delhi High Court - Orders
Tictok Skill Games Pvt. Ltd vs Google Llc & Ors on 22 March, 2022
Author: Jyoti Singh
Bench: Jyoti Singh
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 176/2022
TICTOK SKILL GAMES PVT. LTD. ..... Plaintiff
Through: Mr. Rajshekhar Rao, Senior Advocate
with Mr. Abhishek Malhotra, Mr. Atmaja Tripathi,
Ms. Naomi and Ms. Shilpa Gamnani, Advocates.
versus
GOOGLE LLC & ORS. ..... Defendants
Through: Ms. Mamta Jha and Ms. Shruttima
Ehersa, Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 22.03.2022 I.A. 4441/2022 (Exemption)
1. Allowed, subject to all just exceptions.
2. Plaintiff shall file the originals of documents, which are in its possession, within two weeks from today.
3. Application stands disposed of.
I.A. 4440/2022 (For seeking leave to file documents in compact disc)
4. Present application has been preferred by the Plaintiff seeking permission to place on record videos, through the medium of a compact disc, demonstrating the alleged discriminatory practice of the Defendants displaying a warning on Android AOS devices, when users attempt to download the Plaintiff's gaming Application using the Plaintiff's website as well as a video demonstrating the Dummy Application wherein allegedly no such warning is displayed.
CS(COMM) 176/2022 page 1 of 3 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:23.03.2022 10:56:01 5. Issue notice.
6. Ms. Mamta Jha accepts notice on behalf of the Defendants.
7. For the reasons stated in the application, the same is allowed. Plaintiff is permitted to file the CDs containing the videos as mentioned in the application.
8. Application stands disposed of.
I.A. 4442/2022(For Additional documents)
9. Present application has been preferred on behalf of the Plaintiff seeking leave to file additional documents under the Commercial Courts Act, 2015.
10. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015.
11. Application stands disposed of.
I.A. 4443/2022 (For seeking exemption from pre-institution mediation)
12. For the reasons stated in the application, the requirement of pre- institution mediation is dispensed with.
13. Application is allowed and disposed of. CS(COMM) 176/2022
14. Let the plaint be registered as a suit.
15. Issue summons.
16. Ms. Mamta Jha, learned counsel enters appearance on behalf of the Defendants and submits that Defendants No.2 and 3 are neither necessary nor proper parties and thus may be deleted from the array of parties.
17. Mr. Rajshekhar Rao, learned Senior counsel, on instructions, submits CS(COMM) 176/2022 page 2 of 3 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:23.03.2022 10:56:01 that he has no objection to deletion of Defendants No.2 and 3 from the array of parties.
18. Accordingly, Defendants No. 2 and 3 are deleted from the array of parties.
19. Amended memo of parties be filed within one week from today.
20. Written statement be filed by the Defendant within 30 days. Along with the written statement, Defendant shall also file an affidavit of admission/denial of documents of the Plaintiff.
21. Replication be filed by the Plaintiff within 15 days of the receipt of the written statement. Along with the replication, an affidavit of admission/denial of documents filed by the Defendant shall be filed by the Plaintiff. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
22. List before learned Joint Registrar for completion of pleadings on 23.05.2022.
I.A. 4439/2022 (Under Order 39 Rules 1 and 2 r/w Section 151 of CPC)
23. Issue notice.
24. Ms. Mamta Jha, learned counsel accepts notice on behalf of the Defendant and seeks time to file reply.
25. Let the needful be done within a period of two weeks from today. Rejoinder be filed within two days, thereafter.
26. List on 08.04.2022.
JYOTI SINGH, J
MARCH 22, 2022/st
CS(COMM) 176/2022 page 3 of 3
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.03.2022
10:56:01