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2023 Supreme(Online)(Del) 22932

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

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