Madras High Court
Costar Group vs Neptune Business Solutions Private ... on 1 August, 2023
Author: P.T. Asha
Bench: P.T. Asha
C.S (Comm Div). No. 134 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.08.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.S (Comm Div). No. 134 of 2022
&
A.Nos. 5724 to 5726 of 2022
&
O.A.No. 399 of 2022
1.CoStar Group, Inc.
A corporation registered under the laws
of the State of Delaware and having its principal
place of business at 1331 L Street, NW,
Washington, District of Columbia
20005, United States of America,
represented by its attorney Mr. Bharath Madakari,
Indian Inhabitant
2.CoStar Realty Information, Inc.
A corporation registered under the laws
of the State of Delaware and having its principal place of business at
1331 L Street, NW,
Washington, District of Columbia
20005, United States of America
represented by its attorney Mr. Bharath Madakari,
Indian Inhabitant ... plaintiffs
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C.S (Comm Div). No. 134 of 2022
Vs.
1.Neptune Business Solutions Private Limited
An unlisted private company limited by shares
having its registered Office
at Door No. SP-7A,
Guindy Industrial Estate
Sidco Guindy Industrial Estate,
Chennai, Tamil Nadu, 600 032, India
2.Ganesh Padasala Subramaniyan
3.Divya Bharathy
4.Vani Rajendran
5.Vipin Kumar
6.S.Logalakshmi ... defendants
Prayer: Plaint filed under Order VII Rule 1 of CPC and Order IV
Rule 1 of the Madras High Court Original Side Rules 1994, and
Section 2 (1) (c ) (XVII) of the Commercial Courts, Commercial
Division and Commercial Appellate Division of High Courts Act,
2015 r/w Section 62 of the Copyright Act, 1957, to
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C.S (Comm Div). No. 134 of 2022
a. Pass a decree of permanent injunction restraining the
Defendants, their directors, employees, agents, promoters, proprietors,
managers, assigns, successors-in-interest, sister concerns,
representatives, servants, family members, employees, etc. and/or any
person or entity acting for, or, on behalf of them, from (i) accessing
Plaintiffs’ databases and websites without permission, (ii) copying
and/or using any of Plaintiffs’ copyrighted photographs in any
manner whatsoever, whether directly or indirectly, and (iii) accessing,
downloading, reproducing, publishing, storing, uploading and/or
using the Plaintiffs’ photographs, or any substantial parts thereof, or
any content, as available on Plaintiffs’ databases or websites, in any
manner whatsoever;
b. Pass a decree against the Defendants, their directors,
employees, agents, promoters, proprietors, managers, assigns,
successors-in-interest, sister concerns, representatives, agents, family
members, employees, etc. and/or any person or entity acting for, or,
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C.S (Comm Div). No. 134 of 2022
on behalf of them, to surrender to the Plaintiffs, for the purpose of
destruction/erasure, all infringing materials including but not limited
to the copyrighted material;
c. Pass a preliminary decree for rendition of account directing
the Defendants to produce before this Hon’ble Court or any person
nominated/ designated/ appointed by this Hon’ble Court all accounts
in general and invoices and sales figures/revenues in particular, and a
final decree be passed in favour of the Plaintiffs for the amounts of
profits, thus found to have been made by the Defendants after the
latter have rendered accounts;
d. Pass a decree in favour of Plaintiffs for payment of damages
by the Defendants in the sum of at least INR 1,00,00,000 (Rupees One
Crore only), as and by way of damages for infringement of Plaintiffs’
copyright;
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C.S (Comm Div). No. 134 of 2022
e. for costs of the suit; and
f. for such further and other reliefs as this Hon’ble Court deem
fit and proper in the interest of justice.
For Plaintiff : Mr. P.S.Raman
Senior Counsel
for Mr. Edward James.
For Defendants : Mr. S.Diwakar
1&2
For Defendants : Mr. R.Sathish Kumar
3 to 6.
ORDER
The parties have entered into an agreement and have reduced their terms of agreement into a memo of consent terms and permanent injunction. Clause 5 (a) to (e) shall form part of the decree. As regards Clause 5 (b), it has been clarified by both the learned counsels that possession of the Mirror copies would be taken by the plaintiff from the expert, Alvarez & Marsal India Private Limited, to whom the 5/8 https://www.mhc.tn.gov.in/judis C.S (Comm Div). No. 134 of 2022 mirror copies were handed over by order of this Court on 30.04.2023.
2. The learned senior counsel appearing on behalf of the plaintiffs on instructions would submit that the plaintiffs shall erase and delete all the personal and unrelated data of the defendants.
3. The memo has also been filed by the defendants 3 to 6, in which they have stated that are willing to submit to prayer (a), which is extracted herein below:
“Pass a decree of permanent injunction restraining the Defendants, their directors, employees, agents, promoters, proprietors, managers, assigns, successors-in-interest, sister concerns, representatives, servants, family members, employees, etc. and/or any person or entity acting for, or, on behalf of them, from (i) accessing Plaintiffs’ databases and websites without permission, (ii) copying and/or using any of Plaintiffs’ copyrighted photographs in any manner whatsoever, whether directly or indirectly, and (iii) accessing, downloading, reproducing, publishing, storing, 6/8 https://www.mhc.tn.gov.in/judis C.S (Comm Div). No. 134 of 2022 uploading and/or using the Plaintiffs’ photographs, or any substantial parts thereof, or any content, as available on Plaintiffs’ databases or websites, in any manner whatsoever;”
4. It is also informed to the Court that the Advocate Commissioner's fees has been paid and that the Technical Expert's fees would be settled by the plaintiff.
5. The suit is decreed in terms of the consent memo and Clause 5 (a) to (e) shall form part of the decree. The said memo is taken on file. Consequently, the connected applications are closed. No costs. The Court fee shall be refunded as per procedure.
01.08.2023
Internet : Yes/No
Index : Yes/No
Speaking / Non-Speaking
kan
P.T. ASHA. J,
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kan
C.S (Comm Div). No. 134 of 2022
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