Bharti Telemedia Ltd vs Eagle Sight Media Pvt Ltd & Ors

By the Order dated 23/11/2021, the right of Respondent No.1 to file the Evidence Affidavit was closed by the Hon'ble Bench and the Hon'ble Bench has been further pleased to allow one day time to Respondent No.2 on his undertaking to file the Evidence Affidavits by 24/11/2021. On 24/11/2021, Respondent No.2 has filed an Objection to the Main Petition on affidavit. It has been also recorded by the last Order of the Hon'ble Bench that Respondent No.3 is not in a position to file any further affidavit by way of evidence.

Heard the parties. It was submitted by Mr. C.M.Angadi, Learned Counsel appearing for Respondent No.2 that the objection to main Petition along with its Annexures may be treated as his Evidence Affidavit. An Objection was raised by the Learned Counsel appearing for the Petitioner.

Evidence Affidavit of the Petitioner is already on record and the stand taken by the Learned Counsel for Respondent No.2 Mr. C.M.Angadi is recorded that the objection to main Petition filed by him may be taken as Evidence Affidavit. Since pleadings were completed long ago and subsequent thereto the Issues have also been settled in the matter on 14/10/2020, let the matter be listed before the Hon'ble Bench for acceptance of the prayer made on behalf of Respondent No.2 for acceptance of their objection to main Petition filed on 24/11/2021. The Hon'ble Bench has been otherwise pleased to observe that no further time shall be granted to Respondent No.2 to file the Evidence Affidavit by the last Order. Let the matter be listed before the Hon'ble Bench on any convenient date for passing appropriate orders regarding the prayer of Respondent No.2.