Delhi High Court - Orders
Sonani Industries Pvt. Ltd. (Formerly ... vs Mr. Sanjay Jayantbhai Patel & Anr on 6 February, 2024
$~5 to 7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O.(COMM.IPD-CR) 880/2022 & I.A. 21264/2022
SONANI INDUSTRIES PVT. LTD. (FORMERLY KNOWN AS
SONANI JEWELS PVT. LTD.) ..... Petitioner
Through: Mr. Neeraj Grover, Ms. Meenakshi
Ogra, Mr. Tarun Khurana, Mr. Devan
Shu Bedi, Mr. Rishi Vohra, Mr. Samra
S. Kang and Ms. C. Pandey, Advocates.
versus
MR. SANJAY JAYANTBHAI PATEL & ANR. ..... Respondents
Through:
Mr. Jay Savla, Sr. Advocate with Ms.
Shipla Chowdhary, Advocates for R-1.
Mr. Himanshu Pathak, SPC with Mr.
Vedansh Anand, and Mr. S. Kumar,
Advocates for R-2.
Mr. Hemant Khosla, Sr. Examiner of
TM & GI Designated as Deputy
Registrar of Copyright.
6+ C.O.(COMM.IPD-CR) 881/2022 & I.A. 21281/2022
SONANI INDUSTRIES PVT. LTD. (FORMERLY KNOWN AS
SONANI JEWELS PVT. LTD.) ..... Petitioner
Through: Mr. Neeraj Grover, Ms. Meenakshi
Ogra, Mr. Tarun Khurana, Mr. Devan
Shu Bedi, Mr. Rishi Vohra, Mr. Samra
S. Kang and Ms. C. Pandey, Advocates.
versus
MR. SANJAY JAYANTBHAI PATEL & ANR. ..... Respondents
Through: Mr. Jay Savla, Sr. Advocate with Ms.
Shilpi Chowdhary and Mr. Robin,
Advocates for R-1.
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 07/02/2024 at 22:52:59
Mr. Himanshu Pathak, SPC with Mr.
Vedansh Anand, and Mr. S. Kumar,
Advocates for R-2.
Mr. Hemant Khosla, Sr. Examiner of
TM & GI Designated as Deputy
Registrar of Copyright.
7+ C.O.(COMM.IPD-CR) 882/2022 & I.A. 21282/2022
SONANI INDUSTRIES PVT. LTD. (FORMERLY KNOWN AS
SONANI JEWELS PVT. LTD.) ..... Petitioner
Through: Mr. Neeraj Grover, Ms. Meenakshi
Ogra, Mr. Tarun Khurana, Mr. Devan
Shu Bedi, Mr. Rishi Vohra, Mr. Samra
S. Kang and Ms. C. Pandey, Advocates.
versus
MR. SANJAY JAYANTBHAI PATEL & ANR. ..... Respondents
Through: Mr. Jay Savla, Sr. Advocate with Ms.
Shilpi Chowdhary and Mr. Robin,
Advocates for R-1.
Mr. Himanshu Pathak, SPC with Mr.
Vedansh Anand, and Mr. S. Kumar,
Advocates for R-2.
Mr. Hemant Khosla, Sr. Examiner of
TM & GI Designated as Deputy
Registrar of Copyright.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 06.02.2024
1. This Court's order dated 03rd August, 2023 records that an additional affidavit has been filed by respondent no.1 on 24th July, 2023. This is in context 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 07/02/2024 at 22:52:59 of submission made by counsel for petitioner that compliance of Rule 70(9) of the Copyright Rules, 2013 ('the 2013 Rules') was not ensured by the Registrar of Copyrights when the application for registration of copyright was filed by respondent no.1.
2. The said rule states as under:
"70(9) The person applying for registration shall give notice of his application to every person who claims or has any interest in the subject-matter of the copyright or disputes the rights of the applicant to it."
3. It was submitted by counsel for petitioner that since they have registration of copyright in their favour with respect to what are alleged to be similar drawings of aspects of a machine (which allows removal of colour impurities from a diamond), and since they filed a criminal complaint against respondent no.1 under Section 63 of the Copyright Act, 1957 in November, 2020, a notice ought to have been served to them under Rule 70(9) of the 2013 Rules.
4. Mr. Jay Savla, Senior counsel for respondent no.1 submits that the criminal case as contended by petitioner was finally closed through a final report, though petitioner's objections to the same are pending.
5. What has been brought out in the additional affidavit filed by respondent no.1 is a public notice bearing No. 04/15/2017-CO dated 01st September, 2017, issued by the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry (DIPP) stating as under:
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 07/02/2024 at 22:53:00
6. Accordingly, Senior counsel for respondent no.1, contends that as per this notice, issuance of a public notice would be deemed compliance of Rule 70(9) of the 2013 Rules. The public notice as per the respondents was issued through the E-register on February, 2021, which has been appended along with the said additional affidavit. In this list of various copyright applications, the respondent's application is listed at serial nos. 794, 1094 and 1119.
7. According to Mr. Jay Savla, Senior Counsel for respondent, this issue, therefore, is beyond any pale of controversy.
8. Mr. Neeraj Grover, counsel for petitioner, however, contests this and states that even this will not amount to a publication and seeks to file a response limited to the issue of compliance of Rule 70(9) of the 2013 Rules before the 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 07/02/2024 at 22:53:00 next date of hearing. The same may be filed within four weeks from today, with copies to the opposing side.
9. Counsel for respondent no. 2 draws attention to order of 05th January, 2024 passed by Joint Registrar imposing cost of Rs. 1,000/- on respondent no.2 for delay in filing the reply.
10. Respondent no.2 is the Registrar of Copyright and it is stated by the counsel that delay was unavoidable due to various administrative issues and therefore, respondent no. 2 seeks a direction from this Court as regards imposition of costs.
11. Mr. Neeraj Grover, counsel for petitioner, has no objection to this plea. Accordingly, cost as imposed by order dated 05th January, 2024 on respondent no.2 is set aside in all three petitions.
12. List on 09th July, 2024.
13. Order be uploaded on the website of this Court.
ANISH DAYAL, J FEBRUARY 6, 2024/RK/rj 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 07/02/2024 at 22:53:00