IN THE HIGH COURT OF DELHI AT NEW DELHI
FAO(OS) 540/2011 and C.M. No.20174/2011 (Stay)
MYSPACE INC ..... Appellant
Through: Mr. Rajendra Kumar and Mr. Prashant Gupta, Advocates
SUPER CASSETTES INDUSTRIS LTD ..... Respondent
Through: Mr. Harsh Kaushik and Mr. Abhinav Tandon, Advocates
Ms. Shwetasree Majumder and Mr. Eashan Ghosh for proposed
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R
We are informed that the settlement discussions have not succeeded
and the appeal would have to be heard on merits.
We also put a query to learned counsel for the parties as to the
progress in the suit. We are informed that after framing of issues, list
of witnesses have been filed by the respondent/plaintiff, but the
affidavit of evidence has yet not been filed.
In order to expedite the suit, it is agreed as under:
(i) The respondent was granted four weeks time on 10.09.2012 to file the
affidavits of evidence. At the request of learned counsel for the
respondent, the said time period is extended to six weeks, as a last
(ii) In view of the heavy board of the joint registrar, a retired
judicial officer be appointed to record the evidence of the parties, who
shall endevaour to complete the recording of evidence within a period of
four months from the first date fixed before him. Mr. G.P. Thareja is
appointed as the local commissioner to record evidence. The fee of the
local commissioner is fixed at Rs.80,000/- to shared equally by the two
parties, apart from other out of pocket expenses.
(iii) The first date before the local commissioner is fixed as 02.11.2012
at 2:30 p.m. when the respondent will keep available its witnesses for
(iv) The appellant to file their list of witnesses within two weeks. On
completion of evidence of the respondent, the appellant will file its
affidavits of examination in chief within four weeks thereafter.
(v) On completion of evidence, the suit be placed before the learned
Single Judge for directions to fix the date of hearing for final disposal
in the suit.
Learned counsel for the appellant states that his witnesses are in
U.S. and they may be examined through video conferencing. Learned
counsel for the respondent states that he will obtain instructions in
this behalf. Thus, liberty is granted to the parties to take steps
Learned counsel for the parties to keep ready a short synopsis
running into not more than three pages each for hearing of the present
Learned counsel for the appellant assures that he will not take
more than about an hour to complete his oral submissions, and we would
expect the respondent to do likewise.
List in the category of after notice miscellaneous matters on
C.M. No.3095/2012 (for impleadment/intervention)
List on 16.01.2013.
It is open to learned counsel for the applicant to keep ready a
short synopsis as stated aforesaid.
SANJAY KISHAN KAUL, J
VIPIN SANGHI, J
SEPTEMBER 12, 2012