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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 versus SUPER CASSETTES INDUSTRIS LTD ..... Respondent Through: Mr. Harsh Kaushik and Mr. Abhinav Tandon, Advocates Ms. Shwetasree Majumder and Mr. Eashan Ghosh for proposed intervenors CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE VIPIN SANGHI O R D E R 12.09.2012 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 opportunity. (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 cross examination. (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 accordingly. Learned counsel for the parties to keep ready a short synopsis running into not more than three pages each for hearing of the present appeal. 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 16.01.2013. 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 sr 10
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