Delhi High Court - Orders
A Paul Software Systems Pvt Ltd vs Aditya Infotech Ltd & Anr on 5 March, 2025
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 198/2025 & I.A. Nos. 5860/2025, 5861/2025,
5862/2025, 5863/2025, 5864/2025, 5865/2025 & 5866/2025
A PAUL SOFTWARE SYSTEMS PVT LTD .....Plaintiff
Through: Mr. Anirudh Bakhru with
Ms. Vasundhara Bakhru, Advocates.
(M): 9873033384
Email: [email protected]
versus
ADITYA INFOTECH LTD & ANR. .....Defendants
Through:
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 05.03.2025 I.A. 5862/2025 (Exemption from filing original documents)
1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), on behalf of the plaintiff, seeking exemption from filing original documents.
2. Exemption is granted, subject to all just exceptions.
3. Plaintiff shall file legible, clear, and translated copies of the documents, on which the plaintiff may seek to place reliance, before the next date of hearing.
4. Accordingly, the present application is disposed of. I.A. 5863/2025 (Exemption from filing certified copies of documents)
5. The present is an application under Section 151 CPC, on behalf of the CS(COMM) 198/2025 Page 1 of 13 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 15/03/2025 at 00:39:51 plaintiff, seeking exemption from filing typed copies of dim documents, certified copies, translation and redacted contents.
6. Exemption is granted, subject to all just exceptions.
7. Plaintiff shall file legible, clear, and translated copies of the documents, on which the plaintiff may seek to place reliance, before the next date of hearing.
8. Accordingly, the present application is disposed of. I.A. 5864/2025 (Exemption from undergoing Pre-Institution Mediation)
9. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.
10. Issue notice to the defendants.
I.A. 5865/2025 (Exemption from advance service to the defendants)
11. The present is an application under Section 151 CPC, seeking exemption from advance service to the defendants.
12. The plaintiff seeks urgent interim relief. Therefore, in the peculiar facts and circumstances of this case, exemption from effecting advance service upon the defendants is granted.
13. For the reasons stated in the application, the same is allowed and disposed of.
I.A. No. 5861/2025 (Application seeking permission to file a pen drive containing the video recording)
14. The present application has been filed on behalf of the plaintiff under Section 151 CPC seeking permission to file a pen drive containing video recording.
15. In terms of Rule 24 of Chapter-XI of the Delhi High Court (Original CS(COMM) 198/2025 Page 2 of 13 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 15/03/2025 at 00:39:51 Side) Rules, 2018, it is made clear that electronic records can be received in CD/DVD/Medium, encrypted with a hash value. The said Rule is extracted as below:
"24. Reception of electronic evidence - A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry. The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872."
16. Accordingly, Registry may receive electronic record in a CD/DVD/Medium/pen-drive, so long as it is encrypted with a hash value or in any other non-editable format. The CD/DVD/Medium/pen-drive containing the video, be placed in the electronic record of the present suit.
17. Accordingly, the present application is allowed and the plaintiff is allowed to place the video in CD/DVD/Medium/pen-drive.
18. With the aforesaid directions, the present application is disposed of. I.A. No. 5866/2025 (Application seeking permission to file documents relating to the copyright in a sealed cover)
19. The present application has been filed on behalf of the plaintiff under Section 151 CPC seeking permission to file documents relating to the copyright in a sealed cover.
20. Learned counsel appearing for the plaintiff submits that he shall file a CS(COMM) 198/2025 Page 3 of 13 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 15/03/2025 at 00:39:52 fresh application, with regard to the prayer, made in the present application.
21. Accordingly, the present application is dismissed as withdrawn, with liberty to file a fresh application.
CS(COMM) 198/2025 & I.A. No. 5860/2025 (Application under Order XXXIX Rules 1 and 2 CPC)
22. Let the plaint be registered as suit.
23. Upon filing of the Process Fee, issue summons to the defendants by all permissible modes. Summons shall state that the written statement be filed by the defendants within thirty days from the date of receipt of summons. Along with the written statement, the defendants shall also file affidavit of admission/denial of the plaintiff's documents, without which, the written statement shall not be taken on record.
24. Liberty is given to the plaintiff to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiff, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.
25. Learned counsel appearing for the plaintiff, at the outset has handed over an E-mail dated 10th October, 2024, to submit that vide E-mail dated 10th October, 2024, the defendant no. 1 had requested the plaintiff to collect their material from their head office. He submits that he may be granted liberty to place the said E-mail on record.
26. Liberty is so granted.
27. Let the needful be done within a period of one week from today.
CS(COMM) 198/2025 Page 4 of 13This 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 15/03/2025 at 00:39:52
28. Issue notice in I.A. No. 5860/2025.
29. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.
30. The present suit has been filed against the defendants seeking inter alia, permanent injunction, damages and other reliefs for alleged breach of terms of the Non Disclosure Agreement dated 11th February, 2023 entered into between the plaintiff and defendant no. 1, as also violation of the plaintiff's exclusive rights under the Copyright Act, 1957.
31. Learned counsel appearing for the plaintiff submits that around February, 2023, the defendant no. 1 approached the plaintiff to collaborate in the Railway Project Tenders, which required specialized surveillance and video recording systems. Primarily, the defendant no. 1 approached the plaintiff to make use of their proprietary and confidential information of Network Video Recorders ("NVRs"), a component used in CCTV systems in railway locomotives required under the Tender floated by RailTel Corporation of India. Thus, it is submitted that since there was exchange of confidential information during the said collaborative process, the plaintiff entered into a Non Disclosure Agreement dated 11th February, 2023 with defendant no. 1.
32. It is submitted that the present suit has been filed, since the plaintiff has discovered that the defendant no. 1 has shared the confidential information of the plaintiff with defendant no. 2, who is now manufacturing the NVRs, using the technology, which contains the confidential information of the plaintiff.
33. This Court shall have to adjudicate with respect to the issue whether any confidential information of the plaintiff has been utilized by the CS(COMM) 198/2025 Page 5 of 13 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 15/03/2025 at 00:39:52 defendant no. 1. However, it is the apprehension expressed by the plaintiff, that the defendant no. 1 ought not to disburse the confidential information of the plaintiff, any further.
34. Attention of this Court has been drawn to the Non Disclosure Agreement dated 11th February, 2023, entered between the plaintiff and defendant no. 1. Reliance has been made, in particular, to the following clauses of the said Non Disclosure Agreement, which are reproduced, as under:
"xxx xxx xxx 1.3. 'Confidential Information' means any data or information that is proprietary to the Disclosing Party and not generally known to the public, whether in tangible or intangible form, in whatever medium provided, whether unmodified or modified by Receiving Party or its Representatives (as defined herein), whenever and however disclosed, including but not limited to:
xxx xxx xxx l.3.3 any scientific or technical information, invention, design, process, procedure, formula, improvement, technology or method; xxx xxx xxx Confidential Information need not be novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated Confidential Information. The Receiving Party acknowledges that the Confidential Information is proprietary to the Disclosing Party, has been developed and obtained through great efforts by the Disclosing Party and that Disclosing Party regards all of its Confidential Information as trade secrets.
xxx xxx xxx 2.1. The Receiving Party agrees to use the Confidential Information solely in connection with the current and/or contemplated business relationship between the parties and not for any purpose other than as authorized by this Agreement without the prior written consent of an authorized representative of the Disclosing Party.
In consideration of the disclosure of Confidential Information by the Disclosing Party to the Receiving Party solely for the Purpose, the CS(COMM) 198/2025 Page 6 of 13 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 15/03/2025 at 00:39:52 Receiving Party undertakes whether by itself, its successors and heirs, not to disclose Confidential information to any third party, unless in accordance with Clause 4.
xxx xxx xxx 2.4.3. The Receiving Party acknowledges the technical, commercial and strategic value of the Confidential Information to the Disclosing Party and understands that unauthorized disclosure of such Confidential Information will be injurious to the Disclosing Party.
xxx xxx xxx
5.l. The Receiving Party shall not be entitled to copy samples, models, computer programs, drawings, documents or other instruments furnished by the Disclosing Party hereunder and containing Confidential Information, unless and to the extent it is necessary for the Purpose, 5.2, All samples, models, computer programs, drawings, documents and other instruments furnished hereunder and containing Confidential information shall remain the Disclosing Party's property.
xxx xxx xxx 7.2. This Agreement shall remain in force for 5 years from the Effective Date, except to the extent this Agreement is superseded by stipulations of the Contemplated Agreement.
xxx xxx xxx
9. Intellectual Property Rights: All Confidential Information disclosed herein shall remain the sole property of the Disclosing Party and the Receiving Party shall obtain no right thereto of any kind by reason of this Agreement.
xxx xxx xxx"
35. Attention of this Court has also been drawn to the communication between the parties by way of an E-mail dated 02nd February, 2024, wherein, it has categorically been stated by the plaintiff that the NVR unit, its physical form factor, the internal design, and product are all confidential information covered by the Non Disclosure Agreement dated 11th February, 2023. The E-mail dated 02nd February, 2024, is reproduced as under:CS(COMM) 198/2025 Page 7 of 13
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 15/03/2025 at 00:39:52
36. Attention of this Court has also been drawn to the reply on behalf of defendant no. 1 to the aforesaid communication, which is reproduced, as under:CS(COMM) 198/2025 Page 8 of 13
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 15/03/2025 at 00:39:52
37. Thus, learned counsel appearing for the plaintiff submits that confidential information was provided to the defendant no. 1, on the basis of the aforesaid E-mail, wherein, he accepted that the confidentiality has to be maintained, as regards the information being shared by the plaintiff with defendant no. 1.
38. He further draws the attention of this Court to Document No. 12 to submit that there is real apprehension of the defendant no. 1, having shared the confidential information of the plaintiff. The said Document No. 12, is reproduced as under:CS(COMM) 198/2025 Page 9 of 13
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 15/03/2025 at 00:39:52 CS(COMM) 198/2025 Page 10 of 13 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 15/03/2025 at 00:39:52 CS(COMM) 198/2025 Page 11 of 13 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 15/03/2025 at 00:39:52 CS(COMM) 198/2025 Page 12 of 13 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 15/03/2025 at 00:39:52
39. Considering the submissions made before this Court, and without going into the issue whether any confidential information has been shared by defendant no. 1, as the same would be subject matter of trial, it is directed that defendant no. 1 shall not share any confidential information of the plaintiff, as is covered under the Non Disclosure Agreement dated 11th February, 2023, with any third party.
40. Compliance of Order XXXIX Rule 3 CPC, be done, within a period of one week.
41. List before the Joint Registrar (Judicial) for marking of exhibits on 20th May, 2025.
42. List before the Court on 28th July, 2025.
MINI PUSHKARNA, J MARCH 5, 2025 c CS(COMM) 198/2025 Page 13 of 13 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 15/03/2025 at 00:39:52