Delhi High Court - Orders
Atlas Global Technologies Llc vs Tp- Link Corporation Ltd. Honkong & Ors on 27 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 444/2024 & I.A. 30484/2024
ATLAS GLOBAL TECHNOLOGIES LLC ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola and
Ms. Pallavi Bhatnagar, Advocates.
versus
TP- LINK CORPORATION LTD. HONKONG & ORS.
..... Defendants
Through: Mr. Chander M. Lall, Senior
Advocate with Ms. Sarah Haque, Mr.
Shatadal Ghosh and Mr. Abhishek
Jan, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 27.05.2024 I.A. 30483/2024(seeking leave to file additional documents)
1. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
2. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.
3. Disposed of.
I.A. 30485/2024(seeking exemption from pre-institution mediation)
4. Issue notice. Ms. Sarah Haque, counsel for Defendants, accepts notice. Reply, if any, be filed within four weeks from today. Rejoinder thereto, if any, be filed within two weeks thereafter.
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 28/05/2024 at 23:36:48
5. List on 25th July, 2024.
I.A. 30486/2024(seeking exemption)
6. Exemption is granted, subject to all just exceptions.
7. Plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
8. Disposed of.
I.A. 30487/2024(seeking leave to file certain documents in a pen drive/ compact disk)
9. Plaintiff seeks the leave of the Court to place on record the full versions of Wi-Fi 6 Standards and Technical Specifications relevant to the present suit. Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018 makes it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said Rule is extracted below:
"24. Reception of electronic evidence -A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry. The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872."
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 28/05/2024 at 23:36:48
10. Registry may receive electronic record on CD-ROM so long as it is encrypted with a hash value or in any other non-editable format. The documents contained in CD-ROM be placed in the electronic record of the present suit in a format which is non-editable, so that the same can be viewed by the Court during hearing.
11. Application is disposed of.
I.A. 30488/2024(seeking leave to file confidential documents in a sealed cover)
12. Issue notice. Ms. Sarah Haque, counsel, accepts notice on behalf of Defendants.
13. Reply, if any, be filed within four weeks from today. Rejoinder thereto, if any, be filed within two weeks thereafter.
14. Re-notify on 25th July, 2024.
CS(COMM) 444/2024
15. Let the plaint be registered as a suit.
16. Issue summons. Ms. Sarah Haque, counsel, accepts summons on behalf of Defendants. She confirms the receipt of paper-book, and waives the right of formal service of summons. Written statement(s) shall be filed within thirty days commencing from today. Along with the written statement(s), the Defendants shall also file affidavit(s) of admission/denial of the documents of the Plaintiff, without which the written statement(s) shall not be taken on record.
17. Liberty is given to the Plaintiff to file replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiff, affidavit(s) of admission/denial of documents of the 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 28/05/2024 at 23:36:49 Defendants, be filed by the Plaintiff, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
18. List before the Joint Registrar for marking of exhibits on 28th August, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
19. List before Court for framing of issues thereafter.
I.A. 30482/2024(u/O XXXIX Rules 1 and 2 of CPC)
20. At the outset, Mr. Chander M. Lall, Senior Counsel for Defendants, states that the instant suit is not maintainable in view of Plaintiff's previous suit [CS(COMM) 575/2023], which covers the instant suit patents as well.
21. Issue notice. Ms. Sarah Haque, Advocate, accepts notice on behalf of Defendants. Reply, if any, be filed within four weeks from today. Rejoinder thereto, if any, be filed within two weeks thereafter.
22. List on 25th July, 2024.
SANJEEV NARULA, J MAY 27, 2024 d.negi 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 28/05/2024 at 23:36:49