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2024 Supreme(Online)(DEL) 2078

$~5 to 7

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

C.O.(COMM.IPD-CR) 880/2022, I.A. 21264/2022, I.A. 7836/2024 &

I.A. 32690/2024

SONANI INDUSTRIES PVT. LTD. (FORMERLY KNOWN AS

SONANI JEWELS PVT. LTD.)

.....Petitioner

Through:

Ms. Meenakshi Ogra,Mr. Samrat S.

Kang, Mr. Taun Khurana & Mr.

Hemant Kataria, Advs.

versus

MR. SANJAY JAYANTBHAI PATEL & ANR.

.....Respondents

Through:

Mr. Jay Savla, Sr. Adv. with Ms.

Shilpi Chowdhary, Advs. for D-1.

M: 9718848910

Ms. Aastha Gupta, Mr. Himanshu

Pathak and Mr. Harshit Bansal, Advs.

for R-2.

Mr. Vedansh Anand, GP for UOI

M: 8700015764

Email: vedansh.gpoffice@gmail.com

+

C.O.(COMM.IPD-CR) 881/2022 & I.A. 6853/2024

SONANI INDUSTRIES PVT. LTD. (FORMERLY KNOWN AS

SONANI JEWELS PVT. LTD.)

.....Petitioner

Through:

Ms. Meenakshi Ogra,Mr. Samrat S.

Kang, Mr. Taun Khurana & Mr.

Hemant Kataria, Advs.

versus

MR. SANJAY JAYANTBHAI PATEL & ANR.

.....Respondents

Through:

Mr. Jay Savla, Sr. Adv. with Ms.

Shilpi Chowdhary, Advs. for D-1.

M: 9718848910

Ms. Aastha Gupta, Mr. Himanshu

Pathak and Mr. Harshit Bansal, Advs.

for R-2.

Mr. Vedansh Anand, GP for UOI

M: 8700015764

Email: vedansh.gpoffice@gmail.com

+

C.O.(COMM.IPD-CR) 882/2022, I.A. 21282/2022 & I.A. 6843/2024

SONANI INDUSTRIES PVT. LTD. (FORMERLY KNOWN AS

SONANI JEWELS PVT. LTD.)

.....Petitioner

Through:

Ms. Meenakshi Ogra,Mr. Samrat S.

Kang, Mr. Taun Khurana & Mr.

Hemant Kataria, Advs.

versus

MR. SANJAY JAYANTBHAI PATEL & ANR.

.....Respondents

Through:

Mr. Jay Savla, Sr. Adv. with Ms.

Shilpi Chowdhary, Advs. for D-1.

M: 9718848910

Ms. Aastha Gupta, Mr. Himanshu

Pathak and Mr. Harshit Bansal, Advs.

for R-2.

Mr. Vedansh Anand, GP for UOI

M: 8700015764

Email: vedansh.gpoffice@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

%

09.07.2024

Advocates:
VIKRAMADITYA SINGH

ORDER

I.A. 32690/2024 (Delay of 30 days in filing reply on b/o Respondent no.

1)

1. The present application has been filed on behalf of the respondent no.1, seeking condonation of delay of 30 days, in filing reply to I.A.

7836/2024.

2. Issue notice. Notice is accepted by learned counsel appearing for the petitioner, who submits that he has no objection, if the present application is allowed.

3. Accordingly, the delay of 30 days in filing reply by the respondent no.1 to I.A. 7836/2024, is condoned. The reply, filed on behalf of respondent no.1, is taken on record.

4. With the aforesaid direction, the present application is disposed of.

5. By way of the present application, the petitioner has sought prayer for seeking production of documents by respondent no.1, i.e., the subject matter of the present petition, which is the unpublished copyright work of the respondent no.1, in a sealed cover, and for appointing an Expert for carrying out a comparison of the work submitted by the respondent, with that of the petitioner. I.A. 7836/2024 (Seeking production of documents and appointment of an expert)

6. Learned counsel appearing for the petitioner submits that since the copyright works of both the petitioner, as well as respondent no.1, are unpublished, therefore, it is not possible for the petitioner to have access to the unpublished copyright work of respondent no.1.

7. Per contra, learned Senior Counsel appearing for respondent no.1 submits, that by way of the present application, the petitioner is trying to collect evidence, which is not the purport of appointment of any Expert.

8. Considering the submissions made before this Court, it is directed that the aspect of appointment of an Expert, shall be considered by this Court, at the time of final hearing of the matter.

9. Considering the aforesaid, the present application is disposed of. I.A. 6853/2024 in C.O.(COMM.IPD-CR) 881/2022 and I.A. 6843/2024 in C.O.(COMM.IPD-CR) 882/2022 (For Production of Documents and appointment of an Expert)

10. In view of the order passed in I.A. 7836/2024 in C.O.(COMM.IPD- CR) 880/2022, it is directed that the prayer made in the present applications, shall be considered, at the time of final hearing of the matter.

11. The applications, stand disposed of. C.O.(COMM.IPD-CR) 880/2022, C.O.(COMM.IPD-CR) 881/2022 & C.O.(COMM.IPD-CR) 882/2022

12. Learned counsels appearing for the parties point out that pleadings in the matter, are complete.

13. However, they submit that they may be granted some time to file their written submissions.

14. Accordingly, let written submissions be filed by the parties, along with the judgments, they wish to rely upon, before the next date of hearing.

15. Re-notify on 04th November, 2024. MINI PUSHKARNA, J JULY 9, 2024/kr

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