Delhi High Court - Orders
Canva Pty Ltd & Ors vs Rxprism Health Systems Private Limited ... on 15 February, 2024
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 211/2023 & CM APPL. 9390/2024
CANVA PTY LTD & ORS. ..... Appellants
Through: Mr. Saikrishna Rajagopal, Ms. Sneha
Jain, Ms. Garima Sahney, Mr. Victor
Vaibhav Tandon, Ms. Shruti Jain &
Mr. Ayush Saxena, Advs.
versus
RXPRISM HEALTH SYSTEMS PRIVATE LIMITED
& ANR. ..... Respondents
Through: Mr. Tanmaya Mehta, Mr. Sanyam
Khetrapal, Ms. Prakriti Anand & Mr.
Aayush Gaur, Advs.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 15.02.2024 CM APPL. 9390/2024
1. The respondents have filed the present application, inter alia, praying as under:
"a) Dismiss the present appeal filed by the Appellants and initiate action/ appropriate proceedings against the Appellants Nos. 2, 3 and 4 for continuous and wilful disobedience in light of the statement made by the Appellants vide order dated 11.12.2023 in FAO (OS) (COMM) 211/2023;
b) Direct the Appellants to remove URL1 to URL10 and all other similar promotional videos & content on Appellants' websites and other media platforms;
c) Direct the Appellant Nos.2, 3 and 4 to be personally present in Court or join through Video conferencing to explain their conduct pursuant to the undertaking given on 11.12.2023 before this Hon'ble Court;
FAO(OS) (COMM) 211/2023 page 1 of 3 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 20/02/2024 at 20:44:37
d) Pass an order directing the Appellants to pay a penalty at least to the tune of Rs.10,00,00,000/- (Rupees Ten Crore only) within a period of one week;"
2. The present application is premised on the basis that the appellants are in non-compliance of the order dated 18.07.2023 passed by the learned Single Judge which restrained the appellants from making available their Canva product's 'present and record' feature, which is stated as infringing the respondents' suit patent being IN 360726.
3. The learned counsel for the appellants had also made a statement before this Court on 11.12.2023, that the order dated 18.07.2023 would be complied with. According to the applicants/respondents, the said statement has not been honoured.
4. The learned counsel appearing for the appellants submits that the appellants are fully compliant with the order dated 18.07.2023, and have not flouted the injunction in any manner.
5. It is noted that the respondents have filed an application under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (hereafter CPC) alleging the violation of the order dated 18.07.2023, which is pending before the learned Single Judge.
6. The learned counsel appearing for the applicants/respondents submits that the prayers made in the present application are, essentially, directed towards permitting the respondents to pursue their remedies before the learned Single Judge. He states that none of the prayers are otherwise maintainable and are occasioned only by the statement made by the learned counsel on 11.12.2023 to the effect that the respondents would not purse their application under Order XXXIX Rule 2A of the CPC.
FAO(OS) (COMM) 211/2023 page 2 of 3 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 20/02/2024 at 20:44:37
7. Since it is appellants' case that they are fully compliant with the order dated 18.07.2023; we do not consider it apposite to interdict the parties from availing recourse to the learned Single Judge.
8. In view of the above, the present application is disposed of by clarifying that statement of the learned counsel for the respondent as recorded in the order dated 11.12.2023 shall not impede the respondents from pursuing their application under Order XXXIX Rule 2A of Civil Procedure Code, 1908 before the learned Single Judge. All rights and contentions of the parties are reserved.
VIBHU BAKHRU, J
TARA VITASTA GANJU, J
FEBRUARY 15, 2024/SA
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FAO(OS) (COMM) 211/2023 page 3 of 3
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 20/02/2024 at 20:44:37