DELHI HIGH COURT
RELIANCE INDUSTRIES LIMITED & ANR. – Appellant
Versus
AJIO ONLINE SHOPPING PVT LTD AND ORS. – Respondent
CS(COMM)-625/2023 2023:DHC:6499
$~37
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 6th September, 2023
+
CS(COMM) 625/2023 and I.A. 17142/2023-17147/2023
RELIANCE INDUSTRIES LIMITED & ANR.
..... Plaintiffs
Through:
Mr. Sidharth Chopra, Mr. Yatinder
Garg, Mr. Angad Makkar and Mr.
Raunak Das Sharma, Advocates (M:
8100566300).
versus
AJIO ONLINE SHOPPING PVT LTD AND ORS. ..... Defendants
Through:
Ms Hetu Arora Sethi, ASC GNCTD
(Cyber Cell, Delhi Police) (M:
9810368590).
Mr. Rajesh Ranjan, Advocate for
UCO Bank
Mr. Harish Vaidyanathan Shankar
CGSC with Mr Srish Kumar Mishra,
Mr Sagar Mehlawat, Mr Alexander
Mathai Paikaday, Mr Krishnan V
and Mr M Sriram, Advocates for
DOT (M: 9810788606).
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(ORAL)
1. This hearing has been done through hybrid mode.
I.A. 17145/2023 (for exemption)
2.
This
is
an
application
seeking
exemption
from
filing
originals/certified/cleared/typed or translated copies of documents, left side
margins, electronic documents, etc. Original documents shall be
produced/filed at the time of Admission/Denial, if sought, strictly as per the
provisions of the Commercial Courts Act and the DHC (Original Side)
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:08.09.2023 12:59
Signature Not Verified
Rules, 2018.
3.
Exemption is allowed, subject to all just exceptions.
4.
Accordingly, application is disposed of.
I.A. 17144/2023 (for additional documents)
5.
This is an application seeking leave to file additional documents under
the Commercial Courts, Commercial Division and Commercial Appellate
Division of High Courts Act, 2015 (hereinafter, ‘Commercial Courts Act’).
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 and the
DHC (Original Side) Rules, 2018.
6.
Application is disposed of.
I.A. 17146/2023 (exemption from advance service to the Defendants)
7.
In view of the fact that the Plaintiffs have sought an ex partead-
interim injunction along with the appointment of the Local Commissioner,
exemption from advance service to the Defendants is granted.
8.
Application is disposed of.
I.A. 17147/2023 (under Section 80 read with Section 151CPC)
9.
This is an application filed by the Plaintiffs, seeking exemption from
serving notice to Defendant No. 13- Department of Telecommunications
(DoT) under Section 80 of the CPC.
10. Exemption is allowed. However, Mr. Harish V. Shankar, ld. CGSC
has been requested to accept notice.
11. Accordingly, application is allowed and disposed of.
CS (COMM) 625/2023
12. Let the plaint be registered as a suit.
13. Issue summons to the Defendants through all modes upon filing of the
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:08.09.2023 12:59
Signature Not Verified
Process Fee.
14. The summons to the Defendants shall indicate that the written
statement to the plaint shall be positively filed within 30 days from date of
receipt of summons. Along with the written statement, the Defendants shall
also file an affidavit of admission/denial of the documents of the Plaintiffs,
without which the written statement shall not be taken on record.
15.
Liberty is given to the Plaintiffs to file the replication within 15 days
of the receipt of the written statement(s). Along with the replication, if any,
filed by the Plaintiffs, an affidavit of admission/denial of documents of the
Defendants, be filed by the Plaintiffs, without which the replication shall not
be taken on record. If any of the parties wish to seek inspection of any
documents, the same shall be sought and given within the timelines.
16.
List before the Joint Registrar for marking of exhibits on 7th
November, 2023. It is made clear that any party unjustifiably denying
documents would be liable to be burdened with costs.
17.
List before Court on 25th September, 2023.
I
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.