Aishwary Ghai & ANR. v. Class 21a Technologies Pvt. Ltd

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: May 19, 2023 + FAO (COMM) 111/2023 & CM Appls. 26826-26827/2023 AISHWARY GHAI & ANR.

..... Appellants Through:

Mr. Ramesh Singh, Sr. Adv. with Ms. Sakshi Mehley, Ms. Harshita Kumar, Mr. Sajal Manchanda and Ms. Sakshi Dewangan, Advs.

versus CLASS 21A TECHNOLOGIES PVT. LTD ..... Respondent Through:

Mr. Advait Ghosh, Mr. Anant Patro, and Mr. Mrinal Chaudhary, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE TARA VITASTA GANJU V. KAMESWAR RAO, J. (ORAL) CM Appl. 26827/2023 Exemption allowed subject to all just exceptions. Application stands disposed of.

1.

This appeal impugns the order dated May 9, 2023 passed by the learned District Judge, Commercial Court (North), Rohini, Delhi in a petition filed by the respondent under Section 9 of the Arbitration and Conciliation Act, 1996 whereby the learned District Judge has

restrained the appellants from operating their Youtube Channels and social media platforms for imparting tuitions to the students till May 29, 2023.

2.

Mr. Ramesh Singh, learned Sr. Counsel appearing for the appellants has made many submissions including the fact that the interim order could not have been passed without eliciting a reply to the petition.

3.

On the other hand, learned counsel appearing for the respondent would justify the interim order. He states, despite order dated May 9, 2023, the appellants are operating the Youtube Channels and social media platforms, in that sense, they are in contempt of the order and the petition is liable to be dismissed. This submission is vehemently disputed by Mr. Singh.

4.

Without going into the rival submissions made by the counsel for the parties, we are of the view that the date of May 29, 2023 needs to be advanced and we accordingly advance it to May 22, 2023 before the District Judge.

5.

The appellants herein shall file reply to the petition by sending an advance copy to the respondent by tomorrow evening. Respondent herein shall send advance copy of the rejoinder to the reply to be filed by the appellants by Sunday evening. Both reply and the rejoinder shall be submitted to the District Judge on the next date of hearing. 6.

Suffice to state that the learned District Judge shall hear the parties and dispose of the petition under Section 9 of the Arbitration and Conciliation Act, 1996 immediately thereafter. 7.

All the pleas of the parties are left open to be submitted before

the learned District Judge.

8.

With the above, the appeal stands disposed of. CM Appl. 26826/2023 Dismissed as infructuous.

V. KAMESWAR RAO, J TARA VITASTA GANJU, J MAY 19, 2023/jg