Parle Agro Private Limited vs Surya Fresh Foods Private Limited on 25 March, 2021

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Delhi High Court - Orders

Parle Agro Private Limited vs Surya Fresh Foods Private Limited on 25 March, 2021

Bench: C.Hari Shankar

                          $~17 (original)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 145/2021             &   I.A.4551/2021,      I.A.4552/2021,
                                I.A.4553/2021, I.A.4554/2021
                                PARLE AGRO PRIVATE LIMITED               ..... Plaintiff
                                             Through: Mr.Chander M. Lall, Sr. Adv.
                                             with Mr.Ankur Sangal and Ms.Sucheta Roy,
                                             Advs.

                                                     versus

                                SURYA FRESH FOODS PRIVATE LIMITED ..... Defendant
                                             Through: Mr.Sandeep Sethi, Sr. Adv.
                                             with Mr.N. Mahabir, Mr. P.C. Arya, Advs.

                                CORAM:
                                HON'BLE MR. JUSTICE C.HARI SHANKAR
                                                ORDER

% 25.03.2021 I.A.4554/2021 (seeking enlargement of time for filing court fees)

1. As prayed by learned Counsel for the plaintiff, 15 days further time is granted to deposit the court fees in this plaint.

2. The application is disposed of.

I.A.4552/2021 (exemption)

1. Subject to the plaintiff filing legible copies of any dim documents on which it may seek to place reliance within four weeks from today, exemption is granted for the present.

2. The application is disposed of.

CS(Comm.). 145/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI Signing Date:05.04.2021 16:20:19

I.A.4553/2021 (for filing additional documents)

1. Subject to the right of the defendant to admit/deny the same, the plaintiff is permitted to file additional documents within a period of four weeks from today.

2. The application stands disposed of.

CS(COMM) 145/2021

1. Issue summons.

2. Summons are accepted on behalf of the defendant by Mr. N. Mahabir, learned Counsel on behalf of the defendant. Written statement, accompanied by affidavit of admission/denial of the documents filed by the plaintiff be filed within a period of four weeks, with advance copy to learned Counsel for the plaintiff who may file replication thereto, if any, accompanied by affidavit of admission/denial of the documents filed by the defendant within two weeks thereof.

3. List for completion of pleadings, admission/denial of documents and marking of exhibits before the Joint Registrar on 20th May, 2021.

I.A. 4551/2021 (under Order XXXIX Rules 1 & 2 of CPC)

1. Given the nature of the dispute and the competing products, I am of the view that it would be appropriate to grant one opportunity to the defendant to file a response to this application before the CS(Comm.). 145/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI Signing Date:05.04.2021 16:20:19 application is taken up for hearing.

2. Accordingly, issue notice. Notice is accepted on behalf of the defendant by Mr. N.Mahabir. Let a response to this application be filed positively within a period of two weeks and no more with advance copy to learned Counsel for the applicant/plaintiff who may file rejoinder thereto, if any, before the next date of hearing.

3. Renotify for hearing and disposal of this application on 16th April, 2021.

4. Learned Counsel are directed to abide by the aforesaid timelines, ordinarily no extension of time would be granted.

C.HARI SHANKAR, J MARCH 25, 2021/kr CS(Comm.). 145/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI Signing Date:05.04.2021 16:20:19

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Delhi High Court - Orders