E ! Entertainment Television Llc v. Bennett, Coleman & Company Ltd Television Department

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 135/2019 E ! ENTERTAINMENT TELEVISION LLC ..... Appellant Through Mr. Amit Sibal, Senior Advocate with Ms.Vashundhara Mahithia, Advocate.

versus BENNETT, COLEMAN & COMPANY LTD TELEVISION DEPARTMENT ..... Respondent Through Mr. Kunal Tandon and Ms. Niti Jain, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE ASHA MENON

O R D E R

% 30.05.2019 CAV 603/2019

1. Since the Respondent is represented by counsel, the caveat is discharged and disposed of accordingly.

CM APPL 27030/2019

2. Allowed subject to all just exceptions.

FAO (OS) (COMM) 135/2019 & CM APPLs. 27029/2019-27031/2019

3. Without expressing any opinion on the correctness of the impugned order dated 14th May 2019 of the learned Single Judge which is under challenge before this Court in the present appeal, the Court is of the view that the Appellant /Defendant should file an application under Order 39 Rule 4 CPC seeking the vacation of the ad-interim injunction granted in favour of the

Respondent/Plaintiff by the impugned order within the next two weeks. It will be open to the Appellant to raise all the pleas raised in the present appeal in its application under Order 39 Rule 4 CPC.

4. If such application is so filed, it will be listed on the date fixed by the learned Single Judge i.e. 10th July, 2019. Since an advance copy of the application would have been served on the Plaintiff, it should be ready with its reply to the said application by that date. The said application will thereafter be considered on merits by the learned Single Judge and an endeavour be made to dispose of the application as expeditiously as possible.

5. The appeal and applications are disposed of in the above terms. S. MURALIDHAR, J.

ASHA MENON, J.

MAY 30, 2019 manish