ORDER (Oral)

I.A. 6911/2023 (under Order XI Rule 1(5) of the CPC)

1. This is an application filed by the plaintiff under Order XI Rule 1(5) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act, 2015, to take on record a pen drive, containing the video clip of an interview ("the subject video", hereinafter) of Mr. J.K. Jain (Chairman and Managing Director of the defendant group of Companies), stated to have been uploaded on YouTube on 4th October 2019 by a third party.

2. The application has been seriously opposed by Ms. Shwetasree Majumder, learned Counsel for the defendants, who has also filed a formal reply to the application.

3. I have heard Mr. Anirudh Bakhru, learned Counsel for the plaintiff and Ms. Shwetasree Majumder, learned Counsel for the defendants at length on the present application.

4. In order to adjudicate on this application, it would be advantageous to proceed chronologically.

5. The present suit CS(Comm) 124/2021 was filed by the plaintiff before this Court on 15th March 2021 and objections were removed on 18th March 2021. It is the submission of Mr. Bakhru that the subject video was seen by his client only on 18th March 2021, a