$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 6^th 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)

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 parte ad- 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 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 7^th 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 25^th September, 2023.

I.A. 17142/2023 (u/O XXXIX Rules 1 & 2 CPC)

18. Issue notice.

19. The advent of digital technology has resulted in creation of various conveniences to customers but has also made it convenient to persons engaged in illegal and nefarious activities. The present case demonstrates how the cloak of digital platforms is