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2024 Supreme(Online)(DEL) 2512

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(COMM) 611/2024 & CAV 333/2024 & I.A. Nos. 34272/2024,

34273/2024, 34274/2024, 34275/2024, 34276/2024 & 34277/2024

DABUR INDIA LIMITED

.....Plaintiff

Through:

Mr. Rajiv Nayar, Senior Advocate

with Mr. Anirudh Bakhru, Mr. Ankur

Chhibber, Ms. Kripa Pandit, Mr.

Prabhu Tandon and Mr. Christopher,

Advocates.

(M): 7838499168

versus

MARICO LIMITED

.....Defendant

Through:

Mr. Akhil Sibal, Senior Advocate

with Mr. Ankur Sangal, Ms. Pragya

Mishra and Ms. Amrit Sharma,

Advocates.

(M): 9971432165

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

%

25.07.2024

Advocates:
PRABHU TANDON

ORDER

1. The caveator has put in appearance.

CAV 333/2024 2. Accordingly, the caveat stands discharged.

3. Application is disposed of.

4. The present is an application under Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking exemption from filing translated copies, I.A. No. 34276/2024 (Exemption from filing clear copies of documents) clearer copies/documents, with correct margins.

5. Exemption is granted, subject to all just exceptions.

6. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance, within four weeks from today, or before the next date of hearing, whichever is earlier.

7. Accordingly, the present application is disposed of.

I.A. No. 34275/2024 (Application to file additional documents) 8. The present application has been filed on behalf of the plaintiff under Order XI Rule 1(4) of the CPC, 1908 as amended by Commercial Courts Act, 2015, read with Section 151 CPC, seeking liberty to file additional documents at the appropriate stage.

9. The 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 and the DHC (Original Side) Rules, 2018.

10. Accordingly, the present application is disposed of.

11. The present is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 of CPC for exemption from undergoing Pre-Institution Mediation.

I.A. No. 34274/2024 (seeking exemption from undergoing Pre- Institution Mediation) 12. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar versus T.K.D.

Keerthi , 2023 SCC OnLine SC 1382 , and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529 , exemption from undergoing Pre-Institution Mediation, is granted.

13. Accordingly, the application stands disposed of.

14. Learned senior counsel appearing for the plaintiff submits that Court fees shall be deposited within a period of two weeks.

I.A. No. 34273/2024 (Application under Section 149 CPC seeking extension of time for filing Court Fees and One Time Process Fee) 15. Liberty is so granted.

16. With the aforesaid directions, the application is disposed of.

17. The present application is filed by the plaintiff under Section 151 of CPC seeking leave to file documents in a pen drive.

I.A. No. 34277/2024 (Application under Section 151 CPC seeking extension leave to file documents in Pen Drive) 18. The said documents comprise of the TVC which disparages the plaintiff’s product “DABUR AMLA HAIR OIL”.

19. Rule 24 of Chapter-XI of the Delhi High Court (Original Side) Rules, 2018, make it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said rule is extracted as 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 w

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