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Foomill Pvt. Ltd vs Affle India Ltd on 19 May, 2022

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~6
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 280/2022 & I.A. 6598/2022
                                FOOMILL PVT. LTD.                          ..... Plaintiff
                                              Through: Mr. Sunil Dalal, Senior Advocate
                                              with Mr. Rajiv Kumar Choudhary, Ms. Pratibha
                                              Varun and Ms. Manisha Saroha, Advocates.
                                              versus
                                AFFLE INDIA LTD.                           ..... Defendant
                                              Through: None.
                                CORAM:
                                HON'BLE MS. JUSTICE JYOTI SINGH
                                              ORDER

% 19.05.2022 I.A. 6600/2022 (For exemption in service and undergoing pre-suit mediation, by Plaintiff)

1. For the reasons stated in the application, the requirement of pre- institution mediation is dispensed with.

2. Application is allowed and disposed of. I.A. 6601/2022 (Seeking to file documents in a sealed envelope, by Plaintiff)

3. Present application has been preferred on behalf of the Plaintiff seeking permission to file documents in a sealed cover.

4. For the reasons stated in the application, the same is allowed and disposed of.

5. Documents are permitted to be filed in a sealed cover. I.A. 6602/2022 (Exemption)

6. Subject to the Plaintiff filing, clearer copies and documents with proper margins, which it may seek to place reliance on, within four weeks from today, exemption is granted.

7. Application is allowed and disposed of. I.A. 7861/2022 (under Order 6 Rule 17 CPC, by Plaintiff)

8. Present application has been preferred by the Plaintiff seeking following amendments in the prayer clause:-

"1. Pass a decree of permanent injunction restraining the Defendants and its proprietors, officers, heirs, including owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, from, in any manner whatsoever, etc. in infringing the Plaintiffs' exclusive rights in the source code/software/Application Programming Interfaces with the Defendant;

2. Pass a decree of mandatory injunction against the Defendant including deletion and delivery up of the source code, application programming interfaces so created, UI/UX, source code created, etc. as relates to the Plaintiff in terms of clause 12 of the agreement;

3. Pass a decree of damages of at least Rs. 2,00,00,500 for breach of contract be passed in favour of the Plaintiff and against the Defendants;

4. Costs of the suit be awarded to the Plaintiff;"

9. Since the application has been preferred at an early stage and summons have not been issued to the Defendant as also considering that the nature of the amendment sought does not change the nature and complexion of the unamended plaint, the application is allowed.

10. Amended plaint filed along with the application is taken on record.

11. Application stands disposed of.

CS(COMM) 280/2022

12. Let plaint be registered as a suit.

13. Upon filing of process fee, issue summons to the Defendant, through all permissible modes, returnable on 21.07.2022.

14. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the receipt of summons. Along with the written statement, Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiff.

15. Replication be filed by the Plaintiff within 15 days of the receipt of the written statement. Along with the replication, an affidavit of admission/denial of documents filed by the Defendant, shall be filed by the Plaintiff.

16. If any of the parties wish to seek inspection of any document, the same shall be sought and given within the timelines.

17. List before the learned Joint Registrar on 21.07.2022.

18. List before the Court on 01.06.2022.

I.A. 6599/2022 (under Order 11 Rule 16, by Plaintiff)

19. Issue notice to the Defendant, through all prescribed modes, returnable on 01.06.2022.

JYOTI SINGH, J MAY 19, 2022/sn CS(COMM) 280/2022 Page 3 of 3 Signature Not Verified Signed By:KAMAL KUMAR Signing Date:28.05.2022 18:17:06