Bombay High Court
Prepladder Private Limited And Anr vs Medical Joyworks, Llc on 24 September, 2021
Author: A.S. Gadkari
Bench: A.S. Gadkari
Tandale 11-Ao-281-2021 with IA-2479-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 281 OF 2021
WITH
INTERIM APPLICATION NO. 2479 OF 2021
PrepLadder Private Limited and Anr. ... Appellants/Applicants
V/s.
Medical Joyworks, LLC ... Respondent
Mr.Virag Tulzapurkar, Sr. Counsel a/w Dr.Birendra Saraf, Sr. Counsel a/w
Mr.Hiren Kamod, Mr. Amit Jajoo, Mr.Bhargav Kosuru, Mr.Darpan Bhatia,
Mr.Aayu Saxena i/b. IndusLaw for Appellants/Applicants.
Dr.Abhinav Chandrachud i/b Mr.Kaustubh Patil a/w Mr.Akshay Mehta,
Mr.Amit Vyas for Veritas Partners for Respondent.
CORAM : A.S. GADKARI, J.
DATE : 24th September, 2021.
P.C. :
1. Dr.Chandrachud, learned counsel waives notice for and on behalf of Respondent and seeks time to file a brief reply.
At his request, stand over to 22nd October, 2021.
2. Mr.Tulzapurkar, learned senior counsel appearing for the Appellants raised a preliminary issue of jurisdiction of the Trial Court, to entertain the suit filed by the Respondent in a matter pertaining to intellectual property. He submitted that, in view of Sections 2(3A) and 3(c-2) of the Bombay City Civil Court Act, 1948, the Trial Court has no jurisdiction to 1/3 Tandale 11-Ao-281-2021 with IA-2479-2021.odt entertain the suit filed by the Respondent. Prima facie, I find substance in the said submission.
3. Record indicates that, the Respondent had issued Cease and Desist Notice dated 2nd August, 2021 on account of infringement of intellectual property owned by it and commission of serious offences under the provisions of Indian Penal Code, 1860. Certain requisitions from the Appellants were made therein. Appellant replied the said notice through its Advocate on 9th August, 2021. In para No.(C) of reply dated 9 th August, 2021, the Appellant has categorically stated that, upon receiving the notice issued by the Respondent, the Appellant has conducted a thorough internal investigation on its mobile application. That, the Appellant has taken down the content/instances highlighted by the Respondent in the Notice from its mobile application.
4. Record further indicates that, after receipt of notice by the Respondent, the Appellants had filed caveat in four different Courts in India including this Court. It is the contention of the learned senior counsel for the Appellants that, the Respondent conveniently chose to file the present suit before the City Civil Court, Mumbai where there was no caveat filed by the Appellants and according to him the said amounts to none less than forum shopping. I further prima facie find substance in the said submission.
5. Mr.Tulzapurkar, learned senior counsel for Appellants further 2/3 Tandale 11-Ao-281-2021 with IA-2479-2021.odt submitted that, due to ex-parte ad-interim relief granted by Trial Court, entire functioning of Appellant has come to a standstill. That, Appellant has more than 8 lakhs subscribers to whom, Appellant is providing educational facility.
6. In view thereof, till the returnable date, ad-interim relief in terms of prayer clause (a) of Interim Application No. 2479 of 2021.
[A.S. GADKARI, J.] Digitally signed by MANOJ R MANOJ R TANDALE TANDALE Date:
2021.09.24 17:30:07 +0530 3/3