$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 5^th November, 2024 + CS(COMM) 247/2024 with I.A. 11170/2024 CITY GLASS AND GLAZING PVT LTD .....Plaintiff Through: Mr. Rajshekhar Rao, Senior Advocate with Mr. Adarsh Ramanujan, Ms.

Meenakshi Ogra, Mr. Tarun Khurana, Mr. Samrat S. Kang and Mr. Rajat Sabu, Advocates.

versus OZONE OVERSEAS PVT LTD .....Defendant Through: Mr. Surinder Singh and Mr.

Deepankar Chugh, Advocates CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral)

I.A. 11170/2024 (under Order XI Rule 1 (5) CPC)

1. This application has been filed under Order XI Rule 1 (5) of the Code of Civil Procedure, 1908 (CPC) as applicable to commercial suits for taking on record additional documents referred to in paragraphs 7 and 9 of the application.

2. The present suit was filed seeking permanent injunction in respect of infringement of the registered patent of the plaintiff bearing No.287321 titled ‘A SELF LOCKING GLAZING SYSTEM’ (hereinafter ‘Suit Patent’). 3. The Plaintiff is one of the leading manufacturers of self-locking Signature Not Verified Digitally Signed CS(COMM)247/2024 Page1of6 glazing systems used in glass fittings all over India and abroad.

4. The Defendant is engaged in the business of selling Glass Fittings, Door Hardware, Kitchen and Furniture Fittings, Automatic Doors, Railing Fittings, etc. which includes products which allegedly infringes the plaintiff’s Suit Patent.

5. The present suit was filed on 13^th March 2024 and was first listed before the Court on 20^th March, 2024. On the said date, the Court gave liberty to the plaintiff to file additional documents. Pursuant to the said liberty, additional documents were filed on behalf of the plaintiff on 22^nd March, 2024.

6. On 27^th March, 2024, an application was filed on behalf of the plaintiff being I.A. no.6578/2024 under Order XI Rule 1 (4) seeking leave to file additional documents which was allowed subject to the plaintiff filing the additional documents as per the provisions of the Commercial Courts Act, 2015.

7. Pursuant to the aforesaid order, additional documents were filed by the plaintiff on 24^th April, 2024 along with its rejoinder in I.A.

no.6578/2024.

8. Thereafter, on 30^th April, 2024, when the suit was listed before the Court, submissions made on behalf of the defendant with regard to the suppression and fabrication on behalf of the plaintiff were noted by the Court. It was further noted that there were discrepancies in the dates of the invoices filed by the plaintiff, i.e. the patent number was appearing on the invoices even though the said invoices were issued prior to the grant of the patent.

9. It is the case of the plaintiff that pursuant to the aforesaid objections Signature Not Verified Digitally Signed CS(COMM)247/2024 Page2of6 raised on behalf of the defendant and as noted in the order dated 30^th April, 2024, the present application was filed on behalf of the plaintiff on 13^th May, 2024. By way of the present application, the plaintiff seeks to place on record scanned copies of the original invoices corresponding to the tally- generated invoices that were filed on behalf of the plaintiff along with its rejoinder in I.A. no.6578/2024 for the period of 2017-2018. Details of these invoices are given in paragraph 7 of the application.

10. The discrepancy between the tally-generated invoices filed earlier and the fresh invoices sought to be filed by way of the present application have been explained in paragraphs 3, 4 and 5 of the application.

11. The plaintiff also wishes to place on record additional documents including bank account statements of the plaintiff company and the computer-generated ledger accounts of the plaintiff company for the period 1^st April, 2017 to 31^st March, 2018, in order to show that the plaintiff received payments in respect of the aforesaid invoices. The details of these documents are given in paragraph 9 of the application.

12. Notice was issued in this application on 16^th May, 2024.

13. Reply to the a