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
  
  
  
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