Delhi High Court - Orders
Pawan Kumar Goel vs Dr. Dhan Singh & Anr on 10 February, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 672/2022
PAWAN KUMAR GOEL ..... Plaintiff
Through: Mr. Vivek Ranjan and Mr. Shaurya
Pandey, Advocates.
versus
DR. DHAN SINGH & ANR. ..... Defendants
Through: Mr. Vaibhav Vutts and Ms. Aamna
Hasan, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 10.02.2023 I.A. 2594/2023 (u/S 151 of the Code of Civil Procedure, 1908 on behalf of Defendants No. 1 and 2 seeking non-disclosure of confidential information of Defendants' process)
1. Defendants claim privilege and confidentiality in information qua their process of manufacturing 'Alpha Yohimbine of purity over 90%' that is being revealed in the written statement and supporting documents sought to be filed. They accordingly seek permission of the Court to file following documents with redacted 'confidential information':
a. Defendants' written statement to the plaint. b. Defendants' document titled "Defendants' detailed manufacturing process of Alpha Yohimbine HCL 90% (Rauwolscine HCL 90%) and Alpha Yohimbine HCL 98% (Rauwolscine HCL 98%), Signature Not Verified Digitally Signed CS(COMM) 672/2022 Page 1 of 3 By:SAPNA SETHI Signing Date:10.02.2023 19:30:33 as invented by the Defendants in the year 2014-15 along with detailed production flow chart".
c. Defendants' document titled "A brief highlighting the difference between the Defendants' process with the Plaintiff's process as claimed in the suit patent".
d. Defendants' document titled "A chart along with the comments highlighting the difference between claim 1 of the suit patent and the Defendants' process".
2. Issue notice. Mr. Vivek Ranjan, counsel for Plaintiff, accepts notice. He seeks and is permitted to file a reply to the application within a period of two weeks from today.
3. Considering that statutory timeline for filing of written statement by Defendants is expiring shortly, as of now, Defendants are permitted to file a redacted version of the above-mentioned pleadings/ documents in a non- editable CD-ROM in terms of Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018 which provides that electronic records can be received by the Registry only in CD/DVD/Medium encrypted with a hash value.
4. The question whether Defendants are entitled to file redacted versions of written statement and documents will be considered once pleadings in the application are complete.
5. In order to expedite completion of pleadings, counsel for parties agree Signature Not Verified Digitally Signed CS(COMM) 672/2022 Page 2 of 3 By:SAPNA SETHI Signing Date:10.02.2023 19:30:33 that Plaintiff shall file a replication to the redacted version of written statement within the prescribed time period. Subject to the outcome of present application, Plaintiff shall be entitled to file a supplementary/ additional replication within such time as the Court may stipulate, which shall commence from the date of receipt of unredacted written statement and documents.
6. List on the date fixed i.e., 15th March, 2023.
7. Copy of this order be given dasti under the signatures of the Court Master.
SANJEEV NARULA, J FEBRUARY 10, 2023 d.negi Signature Not Verified Digitally Signed CS(COMM) 672/2022 Page 3 of 3 By:SAPNA SETHI Signing Date:10.02.2023 19:30:33