Delhi High Court - Orders
Fiitjee Limited vs Allen Education And Management ... on 24 May, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 331/2023
FIITJEE LIMITED ..... Plaintiff
Through: Mr. Rajat Aneja, Mr. Ajay Saroya,
Mr. Rahul Goyal, Mr. Sudhir
Katpalia, Mr. Aayush Kumar and Mr.
Dilip Arya, Advocates
versus
ALLEN EDUCATION AND MANAGEMENT SERVICES PVT
LTD & ORS. ..... Defendants
Through: Ms. Archana Pathak Dave, Mr.
Kumar Prashant, Mr. Avnish Dave
and Mr. Parmod K. Vishnoi,
Advocates for D-1 to 5
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 24.05.2023
I.A. 9976/2023 (Exemption)
Exemption allowed subject to just exceptions.
The application stands disposed of.
CS(COMM) 331/2023
1. The instant plaint for declaration, permanent and mandatory injunction has been filed on behalf of plaintiff seeking the following reliefs:-
"(a) Pass a DECREE of DECLARATION declaring that the Defendant No. 6 has excelled in the JEE (Main) 2023 (Session 1 and Session 2) Exams due to the studies / coaching imparted the Plaintiff from May 2019 to October 2022.
(b) Pass a DECREE of DECLARATION that images / advertisements made and published by Defendants 1 to 5 on This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 02:51:50 Facebook (at page 489 to 500 of the Plaintiffs document filed with the Plaint) are nonest, a nullity and misleading for the public / students at large;
(c) Pass a DECREE of MANDATORY INJUNCTION against the Defendants No. 1 to 5 directing them to remove the images / advertisement made and published by them on Facebook (at pages 489 to 500 of the Plaintiffs document filed with the Plaint) from Facebook;
(d) Pass a DECREE of PERMANENT INJUNCTION against the Defendants No. 1 to 5 restraining them from claiming any credit by way of any advertisement, both in Print Media as well as Social Media, that the Defendant No. 6 has passed the JEE (Main) 2023 (Session 1 and 2) Exam due to studies / coaching of the Defendant No. 1;
(e) Pass a DECREE of PERMANENT INJUNCTION against the Defendants No. 1 to 5 restraining them from showcasing the Defendant No. 6 as their student in their marketing campaigns in Print Media and Social Media platforms;
(f) Pass a DECREE of MANDATORY INJUNCTION against the Defendants No. 7 to 16, to remove the offending news items, videos, as filed by the Plaintiff, and all other subsisting materials, from the respective news websites, Facebook and Youtube..."
2. Learned counsel appearing on behalf of plaintiff submitted that FIITJEE Limited, (hereinafter referred to as "the Plaintiff") is a Company incorporated under the provisions of the Companies Act, 1956 having its registered office at 29-A, Kalu Sarai,Sarvapriya Vihar, New Delhi - 110016. It is submitted that for the past two decades, the plaintiff has held the position of the leading coaching institute as the maximum number of students clearing JEE Advanced are the alumni of the plaintiff. It is further This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 02:51:50 submitted that the plaintiff has also been ranked as a Number 1 Institute by India Today as the best Coaching Institute for engineering examinations for last two years in a row.
3. Learned counsel appearing on behalf of plaintiff submitted that the defendant No. 1 is a Company, purportedly incorporated under the Companies Act, 1956. As per the information and knowledge of the plaintiff, the defendant No. 1 is running its Coaching Centres under the name and style of "ALLEN Career Institute". The defendant No. 1 is also running its Coaching Institutes in Delhi. It is submitted that the defendant No. 6, Master Malay Kedia, who was an IIT aspirant, with the consent of his parents filled up the form for appearing in the Entrance exam named Big Bang Edge Test (Scholarship Test) conducted by the plaintiff and registered himself for appearing in the said scholarship test, vide registration No. 3090022051410180066 dated 12th September, 2018 to, be conducted by the plaintiff on 14th October, 2018. It is further submitted that the defendant No. 6 appeared in the said scholarship test. On the basis of the rank obtained in the said Test, the plaintiff offered admission to the defendant No. 6 and also provided him with 100% scholarship in Tuition, Examination fee, etc. amounting to Rs.4,00,000/-approx. Accordingly, the said defendant No. 6 and his parents voluntarily opted for "Four Year Classroom Program for IIT JEE (Advanced)-Weekend contact Classes" and enrolled himself vide Enrolment Number 9012201930005 on 1st November, 2018 for the Vasundhra (Ghaziabad) centre.
4. Learned counsel appearing on behalf of plaintiff submitted that after having kept a close watch, the defendants No. 1 to 5 became certain that the defendant No. 6 is an extremely promising student and is expected to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 02:51:51 achieve high ranks in JEE-Mains, and thus, with a sole object to put their own label on the efforts and labour of the plaintiff, the defendants No. 1, through the defendants No. 2 to 5, who acted with malice, approached and persuaded the parents of the defendant No. 6 to make their son join their Institute. It is submitted that the defendants No. 1 to 5 are miserably trying to portray before the public at large/ in the market that the defendant No. 6 is their classroom student, without refereeing to the path-breaking efforts of the plaintiffs in imparting the course for a period of three and a half years (out of 4 years). It is further submitted that the defendants No. 1 to 5, under a malicious plan and conspiracy, with a fraudulent intent had been indulging in poaching on meritorious students of the plaintiff, at the fag end of their courses by entering into some kind of clandestine arrangements with those students, parents /guardians and thereafter, show-case the said Students as the Students of defendants No. l to 5 to the public at large / in the market in order to derive false name/ market for itself, though the defendant No. 1 had actually not imparted training / education or any significant training to the said students.
5. At this stage, learned counsel appearing on behalf of plaintiff does not press for any relief of interim injunction against the defendant No. 6.
6. Let the plaint be registered as a suit.
7. Issue summons in the suit. Summons are accepted by Ms. Archana Pathak, learned counsel appearing on behalf of defendants No. 1 to 5.
8. The written statement(s) shall be filed within thirty days from the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiff.
9. Liberty is given to the plaintiff to file replication(s), if any, within This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 02:51:51 thirty days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiff, affidavit of admission/denial of the documents of the defendants be filed by the plaintiff.
10. List before the Joint Registrar on 25th July, 2023 for completion of service and pleadings.
11. List before the Court on 12th September, 2023.
I.A. 9975/2023 (u/O-XXXIX R-1 & 2 of CPC)
1. The instant application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of plaintiff seeking the following reliefs:-
"(a) Ex-parte ad-interim Injunction be passed in favour of the Plaintiff and against the Defendants No. 1 to 5, their servants, agents, nominees, officers, executors, legal representatives or anybody acting on their behalf, during the pendency of the present Suit, restraining them from publishing images / advertisement on Facebook or any other Social Media Platform or Print Media, directly or through the Defendant No. 6, claiming credit for the success of the Defendant No. 6, in JEE Exams;
(b) Ex-parte ad-interim Injunction be also passed in favour of the Plaintiff and against the Defendants No. 7 to 15, their servants, agents, officers, nominees, executors, legal representatives or anybody acting on their behalf, during the pendency of the present Suit, restraining them from publishing stories / newspaper items / reports etc. giving credit for the success of the Defendant No. 6 in JEE Exams to the Defendants No. 1 to 5, and to further restrain them from publishing stories / newspaper items / reports etc. that Defendant No. 6 was studying / doing Coaching in Kota, Rajasthan, since the year 2019..."
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 02:51:51
2. Learned counsel appearing on behalf of plaintiff submitted that the plaintiff imminently apprehends mischief at the instance of the defendants No. 1 to 5. It is clear that the defendants No. 1 to 5 under a malicious plan and conspiracy, with a fraudulent intent have indulged in poaching the defendant No. 6 to showcase the said defendant No. 6 as its student to the public at large / in the market in order to derive false name/ market for itself, though the defendants No. 1 to 5 has actually not imparted training / education or any significant training to the said defendant No. 6. It is submitted that this act of the defendants No. 1 to 5 is causing wrongful loss to the plaintiff and wrongful gain to the defendants No. 1 to 5.
3. At this stage, learned counsel appearing on behalf of plaintiff does not press for any relief of interim injunction against the defendant No. 6.
4. Heard.
5. Issue notice. Notice is accepted by Ms. Archana Pathak, learned counsel appearing on behalf of defendants No. 1 to 5. She vehemently opposed the instant application and prayed for some time to file reply/objection.
6. Let reply/objection to the application be filed within five days from today. Rejoinder, thereto if any, be filed within two days thereafter.
7. List before the Court on 2nd June, 2023.
I.A. 9977/2023 (Exemption from effecting advance service upon the defendants)
1. The instant application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of plaintiff seeking exemption from effecting advance service upon the defendants.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 02:51:51
2. Learned counsel appearing on behalf of plaintiff submitted that the defendants No. 7 to 16 are proforma parties and issuance of notice to the said defendants is not required at this stage.
3. In view of the statement given by learned counsel for the plaintiff, the application stands disposed of.
I.A. 9978/2023 (Exemption from pre-institution Mediation and Settlement process)
1. The instant application under Section 12A (1) of the Commercial Courts Act has been filed on behalf of the plaintiff seeking the following relief:-
"In the light of the facts and circumstances narrated hereinabove it is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to exempt the Plaintiff from entering in a pre-institution Mediation and Settlement process as contemplated under Section 12A (1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act (4 of 2015) 2015..."
2. For the reason stated in the application, the same is allowed.
3. Accordingly, the application stands disposed of.
I.A. 9979/2023 (u/O-II R-3 of CPC) List before the Joint Registrar on 25th July, 2023. List before the Court on 12th September, 2023.
CHANDRA DHARI SINGH, J MAY 24, 2023 Dy/as Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 02:51:51