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2022 Supreme(Del) 651

ASHA MENON
Koninklijke Philips N. V. – Appellant
Versus
Vivo Mobile Communication Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Chander Lall, Sr. Adv. with Mr. Ashutosh Kumar, Mr. Swamil Dey, Ms. Vrinda Bagaria, Mr. Munesh Sharma, Mr. Vinod Chauhan & Ms. Ananya Chugh, Advs.
For the Defendant : Mr. Saikrishna Rajagopal, Ms. Julien George, Ms. Anu Paarcha, Mr. Arjun Gadhoke, Mr. Avijit Kumar, Mr. Aniruddh Bhatia, Mr. Skanda Shekhar, Ms. N. Parvati & Mr. Vivek Ayyagari, Advs., Ms. Nupur Aggarwal & Mr. Maanav Kumar, Advs.

ORDER :

REVIEW PET. 24/2022 (by defendant no.1&2 under Section 114 r/w Order XLVII Rule 1 and Section 151 CPC against the order dated 07.01.2022 passed by this Hon’ble Court)

1. This review petition has been filed by the petitioners/defendants No.1&2 against the order dated 7th January, 2022. The petitioners/defendants No.1 and 2 have submitted that the order of this Court dated 7th January, 2022, allowing in part the application being I.A. 3048/2021 moved by the respondent/plaintiff under Order XI Rules 2 and 14 of the Code of Civil Procedure, 1907 (‘CPC’ in short), was liable to be reviewed, as erroneous directions have been issued on the basis of an erroneous understanding of the facts in the matter.

2. I have heard submissions of Mr. Saikrishna Rajagopal, learned counsel for the petitioners/defendants No.1&2 and Mr. Chander Lall, learned senior counsel for the respondent/plaintiff and have considered the written submissions filed by both sides. Though a hearing in review is not a routine procedure, counsel have been heard at length and the written submissions considered.

3. The contentions, as recorded in the written submissions, are briefly as under :–

    (i) The petitioners/defendant

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