The court emphasized procedural fairness by allowing parties to respond to applications and ensuring adherence to rules regarding ex parte orders.

Headnote:(A) Code of Civil Procedure, 1908 - Order XXXIX Rule 4 and Section 151 - Applications for permission to take on record electronic evidence and for directions regarding perishable stock - Applications allowed, with provisions for responses from the opposing party before the next hearing date. (Paras 1-4)

(B) Ex parte orders - The court addresses the need for notice and response regarding the vacation of an ex parte order, ensuring procedural fairness. (Paras 1-3)

Facts of the case:
The applications involve requests for permission to record call conversations and for directions concerning the defendant's perishable food products, with a response from the plaintiff's counsel anticipated.

Findings of Court:
The court allowed the applications for recording evidence and directed the listing of the matter for further proceedings.

Issues: The main issues include the admissibility of electronic evidence and the procedural fairness regarding the vacation of an ex parte order.

Ratio Decidendi: The court emphasized the importance of allowing parties to respond to applications and ensuring that procedural rules are followed in matters involving ex parte orders.

Result: Applications allowed.

ORDER

% 05.04.2024 I.A. 7665/2024 (Application seeking permission to take on record call recordings/electronic evidence).

1. This application has been filed under Order XXXIX Rule 4 read with Section 151 of the Code of Civil Procedure , 1908, seeking permission to take on record call recordings and transcripts of the same of the conversation between the representatives of the plaintiff with the defendant’s distributors and vendors.

2. In view of the facts and circumstances as stated in the said application, it is allowed.

3. The said recordings be taken on record with the transcripts.

I.A. 7713/2024 (Application seeking appropriate directions on behalf of defendant no.1)

1. This application has been filed under Section 151 of the Code of Civil Procedure , 1908 seeing appropriate directions allowing the defendant to exhaust its existing stock in their perishable food products.

2. The details of the stocks are provided in the said application.

3. Counsel for plaintiff seeks to file a response before the next date of hearing which he may do so.

4. List the said application on 10th April, 2024.

I.A. 7666/2024 (Application under Order XXXIX Rule 4 read with Section 151 of CPC).

1. This application has been filed under Order XXXIX Rule 4 read with Section 151 of the Code of Civil Procedure , 1908 (“CPC”) seeking vacation of ex parte order dated 05th March, 2024 filed by defendant.

2. Issue notice.

3. Counsel for plaintiff accepts notice and will file a response to the same before the next date of hearing with copies to the opposing side.

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2024 Supreme(Online)(DEL) 9023

HIGH COURT OF DELHIAnish Dayal, JGFB GREAT FOODS PRIVATE LIMITED – AppellantVersusSTARTLE FOODS AND BEVERAGES PRIVATE LIMITED ORS – RespondentCS(COMM) 199/2024

The court emphasized procedural fairness by allowing parties to respond to applications and ensuring adherence to rules regarding ex parte orders.

HIGH COURT OF DELHI
Anish Dayal, J
GFB GREAT FOODS PRIVATE LIMITED – Appellant
Versus
STARTLE FOODS AND BEVERAGES PRIVATE LIMITED ORS – Respondent
CS(COMM) 199/2024