$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 176/2017
ROHIT BHATIA
..... Plaintiff
Through
Mr.
Ashok Kr. Mittal and Mr. Partha
J.
Deka, Advocates with plaintiff in person
versus
SUBHASH ARORA ..... Defendant
Through
Mr.
Ajay Amitabh Suman, Advocate
CORAM:
SH. RAJESH KUMAR SINGH
(DHJS), JOINT
REGISTRAR O
R D
E R
% 23.08.2017
Examination in chief of PW1 was recorded partly
on
the last
date.
The
original bills exhibited
as
Ex.PW1/F1-134 stated
to be
placed on record of other case. The copies of the bills on record of this case are
marked as Mark X (colly from page 215 to 357).
Learned counsel for defendant submits: (i) that plaintiff has not relied upon his product, (ii) Ex. PW1/D is photograph. The product of which
Ex.PW1/D
is a photograph, has
not been produced and
affidavit
of the photographer who took the photograph has not been
placed on record. Therefore, Ex.PW1/D cannot be exhibited, (iii)
Ex.PW1/A1, A2, A3 and A4 are photocopies and they
cannot be exhibited. (iv) Ex.PW1/B is a copy to copy and it cannot be exhibited,
(v)Ex.PW1/C1 and
C2 are not the original certificates obtained from the
Office
of
Controller of Patents, Designs and Trade
Marks and it
cannot be exhibited.
Learned counsel
for defendant
submits that
if plaintiff
is
relying
upon
any other document, it may be specified. Learned counsel for
plaintiff submits that plaintiff is relying upon the documents mentioned in his affidavit
and which have been exhibited
/ marked.
Learned counsel for plaintiff submits that this court cannot de-
exhibit the documents at this stage. Learned counsel for plaintiff
further submits that before a local commissioner objection can be
taken
regarding
the
documents
and
it has
to be
decided
by the Hon’ble
Court at the time
of arguments. Learned counsel
for
defendant submits that this court can decide the
objection. Learned counsel
for plaintiff submits that matter
may be placed before Hon’ble
Court.
Matter be listed before Hon’ble Court on 22nd September, 2017
for direction.
RAJESH KUMAR SINGH
(DHJS) JOINT
REGISTRAR
AUGUST 23, 2017
ms
THIS ORDER OF LD.REGISTRAR WAS DEALT WITH HON’BLE
HIGH COURT OF DELHI AND THAT THE SAME IS DEALT AS HERE IN BELOW:
$~10
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 176/2017 & I.A. Nos.4593/2016, 9230/2016
ROHIT BHATIA
..... Plaintiff
Through
Mr.
Ashok Mittal, Advocate
versus
SUBHASH ARORA .....
Defendant
Through Mr.
Ajay Amitabh Suman and
Mr. Vinay Kumar
Shukla, Advocates
CORAM:
HON'BLE MR. JUSTICE
SANJEEV SACHDEVA
O R D E R
% 22.09.2017
1. The matter has been placed before Court today pursuant to
order
dated 23.08.2017 passed by the Joint
Registrar.
2. An objection
was
raised
by the
learned counsel
for the defendant with regard to the Exhibit marks being put
on
certain documents
tendered
in the affidavit
of
PW-1. It is
contended that
the
documents could not be
given exhibit marks.
3. The documents sought to be de-exhibited i.e. Ex.PW-1/D is a
photograph, documents Ex.PW-1/A1, A2,
A3
and A4 are photocopies and Ex. PW-1/B is a copy
to
copy and Ex.PW-1/C1 and Ex. PW-1/C2
are not the original certificates obtained from
the
Office of Controller of Patents, Designs and Trade
Marks but are certified copies of
registration certificates which have been obtained from other judicial
proceedings.
4. Insofar as the documents marked as Ex.PW-1/D, Ex.PW-1/C1 and Ex.PW-1/C2 are concerned, learned counsel for the
plaintiff submits that he
shall prove
the said documents in accordance with law by
producing appropriate witness and/or summoning the original records. Accordingly, the reference
in
the evidence affidavit to these documents as Exhibits is deleted.
5. Insofar as the documents sought to be marked as Ex.PW-1/A1,
A2, A3, A4 and Ex.PW-1/B are concerned, as they
are not originals, the reference in the evidence affidavit to these documents as Exhibits is deleted.
6. The said documents be only
Marked for the purposes of identification.
7.
The objection is accordingly disposed of.
8. List
before the Joint Registrar
on 27th October, 2017 for directions.
9. List
before
Court for disposal of
I.A. No. 9230/2016
on
23.02.2018.
SEPTEMBER 22, 2017
nn
SANJEEV SACHDEVA, J
