Delhi High Court
Ncjain And Ors vs Ms Aiets Com Pvt Ltd on 20 December, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 20.12.2023
+ CM(M) 1891/2023 & CM APPL. 59298/2023
NCJAIN AND ORS ..... Petitioner
Through: Mr. Ashok Gurnani, Advocate
versus
MS AIETS COM PVT LTD ..... Respondent
Through: Mr. S.K. Goyal and Mr. A.K. Goyal,
Advocates
%
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMEET PRITAM SINGH ARORA, J (ORAL):
1. This petition filed under Article 227 of the Constitution of India
impugns the order dated 15.09.2023 passed by the Additional District Judge-
04, South District, Saket Courts, New Delhi in 23 CS DJ 296/17 titled as
M/s Aiets Com Pvt. Ltd. v. N.C. Jain & Ors. ('Trial Court') whereby the
said Court dismissed the application seeking an opportunity to lead
defendant evidence ('DE') and setting aside of the order dated 24.03.2023
closing the right to lead DE.
1.1. The Petitioner no. 1 is the original defendant no.1 and Respondent is
the original plaintiff before the Trial Court.
1.2. The civil suit has been filed by the Respondent against Petitioner Nos.
1 and 2 seeking a declaration that the conduct of Petitioner Nos. 1 and 2 in
publishing the book by superficially changing the title of the book as illegal;
for recovery of a sum of Rs. 5,13,000/-; damages of Rs 7,00,000/- in favour
of Respondent, and permanent injunction restraining the defendants from
selling the book titled as "The secret of my success".
2. The impugned order is dated 15.09.2023 and this petition challenging
the said order was first listed before this Court on 17.11.2023. A perusal of
the paper book shows that though the petition was filed in September, 2023
the same was kept pending with defects in the registry; even though the
proceedings before the Trial Court continued and was listed for final
arguments on 16.11.2023.
3. This Court has been informed that the matter before the Trial Court
was at the stage of the final arguments when this petition was first listed and
the final arguments by the parties stand concluded; and now the judgment
stands reserved for pronouncement before the Trial Court. In fact, the matter
is listed today i.e., 20.12.2023 for pronouncement of orders before the Trial
Court.
4. Learned counsel for the Respondent states that the costs imposed by
the Trial Court as recorded in the order dated 24.03.2023 and 15.09.2023
have also 'not' been paid by the Petitioners till date.
5. In the facts of this case noted above, it is therefore, apparent that the
Petitioner No. 1 has been deliberately been negligent in leading of evidence
and has also failed to comply with the orders of the Trial Court during the
course of trial. It is evident from the record that there were successive
opportunities given to the Petitioner No. 1 herein to lead evidence, yet the
Petitioner No. 1 has failed to avail the said opportunities and has shown very
little or no regard for the orders passed by the Trial Court.
6. In view of the fact that the matter has been listed for pronouncement
of orders by the Trial Court for today, this petition filed at this stage cannot
be entertained.
7. For the aforesaid reasons, this petition is completely devoid of merit
and is accordingly dismissed.
8. Pending applications, if any, stands disposed of.
9. At this stage, learned counsel for the Petitioner states that his right to
challenge the impugned order in accordance with Section 105 of Code of
Civil Procedure, 1908 ('CPC') in the event the final decree is passed against
him be reserved. Liberty as prayed for is granted and any challenge to the
impugned order dated 24.03.2023 and 15.09.2023 shall be decided by the
Appellate Court in accordance with law.
MANMEET PRITAM SINGH ARORA, J
DECEMBER 20, 2023/msh/ms
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