Bombay High Court
Endemol India Private Limited vs Rahul Selvadurai Pandianparambil And ... on 26 September, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
61-IAL-28675-22.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 28675 OF 2022
IN
COMMERCIAL IPR SUIT (L) NO. 28674 OF 2022
Endemol India Private Limited ...Applicant/
Plaintiff
Versus
Rahul Selvadurai Pandianparambil & Anr. ...Defendants
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Mr. Hiren Kamod a/w Mr. Rahul Dhote, Ms. Viveka Truman, Mr. Prem
Khullar, Mr. Aditya Mahadevia and Ms. Ruddhi Bhalekar i/by ANM
Global for the Plaintiff.
Mr. Soli Cooper, Senior Advocate, Mr. Yohann Cooper, Mr. Bryan
Pillai i/by Mr. Shardul Amarchand Mangaldas & Co. for the
Defendant No. 2.
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CORAM : R.I. CHAGLA J
DATE : 26 September 2022
ORDER :
SHARAYU
1. Heard Mr. Kamod, learned Counsel appearing for the PANDURANG KHOT Applicant/Plaintiff and Mr. Cooper, learned Senior Counsel for the Digitally signed by SHARAYU PANDURANG KHOT Date:
2022.09.27 Defendant No. 2. 17:22:56 +0530
2. There are two applications which have been filed by 1/3 61-IAL-28675-22.doc Defendant No. 2 and served on the Plaintiff at 1.30 p.m. One of the Interim Applications is for vacation or setting aside the interim order dated 8th September 2022 passed by this Court against the original Defendant No. 2. The second Interim Application is for deletion of original Defendant No. 2 from the array of parties in the Suit.
3. It is stated in the Interim Applications filed by Defendant No. 2 that Meta Platform Inc. controls Facebook server and platform and thus, Defendant No. 2 has been wrongly joined as a party and incapable of implementing the ad-interim order passed against it.
4. Mr. Kamod has tendered draft amendment, which is taken on record and marked "X" for identification. By the draft amendment, appropriate amendments are sought in the Suit Plaint, Interim Application and the Leave Petition under clause XIV of the Letters Patent for addition of Meta Platforms Inc as Defendant No. 3.
5. Mr. Kamod has sought leave to amend. Accordingly, leave is granted. Amendment shall be carried out in the Suit Plaint, the Interim Application and the Leave Petition under Clause XIV of the Letters Patent in accordance with the draft amendment marked X 2/3 61-IAL-28675-22.doc on or before 28th September 2022. Re-verification is dispensed with.
6. Upon carrying out of the amendment, the Advocate for the Plaintiff shall serve the same on the newly added Defendant No. 3 by 30th September 2022.
7. Place the Interim Application under the caption for ad- interim relief along with Interim Application Nos. 30770 and 30788 of 2022 on 3rd October 2022, high on board.
8. Considering that the Defendant No. 2 is stated to be incapable of disabling the logging credentials of Defendant No. 1 and handing over control of Facebook Account to the Plaintiff, the Defendant No. 1 shall handover the logging credentials of the subject Facebook Account to the Plaintiff on or before the next date.
9. Ad-interim order dated 8th September 2022 is accordingly varied and shall continue to operate till the next date against Defendant No. 1.
[R.I. CHAGLA J.] 3/3