Delhi High Court - Orders
Quikr India Private Limited vs Cars24 Services Private Limited on 16 February, 2023
Author: Amit Bansal
Bench: Amit Bansal
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 48/2018 & CCP (O) 23/2018
QUIKR INDIA PRIVATE LIMITED ..... Plaintiff
Through: Ms.Aakanksha Kaul, Mr.Digvijay
Prasad and Mr.Anukriti Kudeshia,
Advocates.
versus
CARS24 SERVICES PRIVATE LIMITED ..... Defendant
Through: Mr.Damandeep Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 16.02.2023 I.A. 1115/2018 (O-XXXIX R-1 & 2 of CPC)
1. Interim order passed by this Court on 23rd January, 2018 is confirmed till the final adjudication of the suit.
2. Accordingly, the application stands disposed of. CS(COMM) 48/2018
3. On the basis of the pleadings of the parties, the following issues are framed:
I. Whether this Court has territorial jurisdiction to entertain and try the present suit? OPD II. Whether the plaint has been properly signed and verified and the suit is instituted by a competent person? OPD III. Whether the suit has been properly valued? OPD IV. Whether the information available on plaintiff's database can be Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 48/2018 Page 1 ofSigning 3 Date:17.02.2023 17:02:50 treated as privileged and confidential information? OPD V. Whether the defendant has gained illegal and unauthorised access to the plaintiff's database and confidential information? OPP VI. Whether the defendant has used information available through the plaintiff's website in an illegal and unauthorised manner, contrary to terms of use of such information? OPP VII. Whether the database of the plaintiff falls within the ambit of "literary work" as defined in Section 2(O) of the Copyright Act, 1957? OPD VIII. Whether the defendant has infringed the copyright of the plaintiff in its database? OPP IX. Whether the actions of the defendant have resulted in the invasion of the privacy of the plaintiff's customers and violation of the plaintiff's privacy policy as well as listing policy? OPP X. Whether actions of the defendant have resulted in loss of goodwill and reputation as well as financial loss for the plaintiff? OPP XI. Whether the plaintiff is entitled to a decree of permanent injunction against the defendant, restraining it from using the confidential information belonging to the plaintiff, in any manner whatsoever?
OPP XII. Whether the plaintiff is entitled to a decree of permanent injunction against the defendant, restraining it from approaching any customer of the plaintiff, in any manner whatsoever? OPP XIII. Whether the plaintiff is entitled to a decree of mandatory injunction directing the defendant to delivery-up of all the information/data or any other material belonging to the plaintiff, lying in possession of the defendant? OPP Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 48/2018 Page 2 ofSigning 3 Date:17.02.2023 17:02:50 XIV. Whether the plaintiff is entitled to damages towards the loss of sales, reputation and goodwill of the plaintiff? If so, what amount? OPP XV. Whether the plaintiff is entitled to costs? OPP XVI. Relief
4. The parties shall file their list of witnesses within six weeks.
5. The plaintiff shall file evidence by way of affidavit of its witnesses within six weeks.
6. List before the Joint Registrar on 5th April, 2023 for fixing dates of trial.
7. Counsels for the parties submit that there are no pending applications in the suit except CCP(O) 23/2018.
8. Accordingly, the Registry is directed not to list any applications in the suit other than CCP (O) 23/2018.
AMIT BANSAL, J
FEBRUARY 16, 2023
sr
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 48/2018 Page 3 ofSigning
3 Date:17.02.2023 17:02:50