number CV-14-50907 as evidence of the deponents and/or any proceeding or proceedings incidental and/or related to the Canadian suit. The Defendants categorically submit that they have never published these affidavits, directed or requested any third party to publish these affidavits or their content. The Defendants submit that, to the extent that these affidavits have been filed, or will be filed, in the Canadian proceedings, they are, or become, part of a court file which is available and accessible to all members of the public, including parties unrelated to and unaffiliated with the Defendants. 3. That, the Defendants, without formally attorning to the jurisdiction of this Hon'ble Court, and without prejudice to the defence challenging this Hon'ble Court's jurisdiction advanced by the Defendants before this Hon'ble Court, undertake not to use the aforesaid three affidavits, except in court proceedings pending before the Superior Court of Ontario bearing number CV-14-50907 and in any proceeding or proceedings incidental and/or related to then Canadian suit, within or outside of Canada, or as otherwise may be ordered by a court in which any such proceedings have been instituted. The Defendants also undertake that they shall use these affidavits, if necessary, in any judicial or other proceedings related to the criminal cases filed against them by the Indiabulls Real Estate Limited bearing FIR No. 99/2012 dated 08.08.2012 registered with PS Udyog Vihar, Gurugram, Haryana and CR No. 20/2012 dated 09.08.2012 registered with PS Cyber, Mumbai. The Defendants also undertake not to republish, nor direct or request any third party to publish these affidavits anywhere else apart from the proceedings mentioned above, provided, however, that, due to the fact that these affidavits are, or will become, part of a publicly available and accessible court file in Ontario, any thirdparty publication of these affidavits, or any of the content of these affidavits, which was not directed or requested by the Defendants, shall constitute, or be deemed to constitute, a breach of this undertaking. For the avoidance of doubt, this undertaking provided by the
