Delhi High Court - Orders
Neeraj Saran Srivastava & Anr vs Loudon Owen & Ors on 6 October, 2023
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 686/2023 & I.A. 19048/2023, I.A. 19049/2023,
I.A. 19050/2023, I.A. 19051/2023, I.A. 19052/2023
NEERAJ SARAN SRIVASTAVA & ANR. ..... Plaintiffs
Through: Mr. Dayan Krishnan, Sr. Adv.
with Mr. Saif Khan, Mr. Achuthan
Sreekumar, Mr. Rohil Bansal and Ms.
Apoorva Prasad, Advs.
versus
LOUDON OWEN & ORS. ..... Defendants
Through: Mr. Sai Krishna and Mr. Tushar
Singh, Advs. for D-1.
Mr. Chander M. Lall, Sr. Adv. with Dr.
Abhimanyu Chopra, Mr. Varun Lamba, Mr.
Aman Chaudhary, Mr. Kushagra Jain, Ms.
Yashi Agrawal and Mr. Abhinav Bhalla,
Advs. for D-2.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 06.10.2023
CS(COMM) 686/2023
1. The plaintiffs allege infringement, by the defendants, of copyright held by the plaintiff in the "CONATUS SOURCE CODE"
on the basis of which it is alleged that various software programmes have been developed by Defendant 3.
2. Mr. C.M. Lall, learned Senior Counsel for the Defendant 2, seriously opposes the allegation in the plaint. Though he prays that summons should also not be issued in the suit, as a Division Bench of this Court has already held in Allied Blenders & Distillers Pvt. Ltd. v CS(COMM) 686/2023 Page 1 of 4 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 13/10/2023 at 23:17:45 R.K Distilleries Pvt. Ltd.1 that every suit is entitled to issuance of summons unless it justifies invocation of Order VII Rule 10 or Order VII Rule 11 of the CPC.
3. Summons are required to be issued in the suit.
4. As such, let the plaint be registered as a suit.
5. Issue summons in the suit.
6. Summons are accepted on behalf of Defendant 1 by Tushar Singh and on behalf of Defendant 2 by Dr. Abhimanyu Chopra.
7. Let summons be served on Defendant 3 by all modes.
8. Written statement, accompanied by affidavit of admission and denial of the documents filed by the plaintiffs be filed within 30 days with advance copy to learned Counsel for the plaintiffs who may file replication thereto, accompanied by affidavit of admission and denial of the documents filed by the defendants within 30 days thereof.
9. List before the learned Joint Registrar (Judicial) for completion of the pleadings, admission and denial of documents and marking of exhibits on 7 December 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.
12017 SCC OnLine Del 7224 CS(COMM) 686/2023 Page 2 of 4 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 13/10/2023 at 23:17:45 I.A.19048/2023 (Order XXXIX Rules 1 and 2 of the CPC)
10. This is an application by the plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interlocutory injunctive reliefs.
11. As this case appears to be inter-connected with CS(COMM) 143/2023, which is listed on 16 October 2023, issue notice on this application, returnable on 16 October 2023.
12. Notice is accepted on behalf of Defendant 1 by Tushar Singh and on behalf of Defendant 2 by Dr. Abhimanyu Chopra.
13. Let notice be served on Defendant 3 by all modes.
14. Reply, if any, may be filed on or before the said date with advance copy to learned Counsel for the plaintiffs who may file rejoinder thereto, if any, likewise.
15. Both sides are directed to place on record consolidated written submissions not exceeding seven pages each after exchanging copies with each other at least 24 hours in advance of the next date of hearing. Submissions in court should not travel outside the written submissions.
I.A. 19049/2023 (Chapter 7 Rule 17 read with Annexure F of the Delhi High Court (Original Side) Rules, 2018 and Rule 19 of Delhi High Court Intellectual Property Rights Division Rules, 2022)
16. Re-notify this application before the Court on 16 October 2023.
CS(COMM) 686/2023 Page 3 of 4This 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 13/10/2023 at 23:17:46 I.A. 19050/2023 (Order XI Rule 1(4) of the CPC)
17. This application seeks permission to file additional documents. The plaintiffs are permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act within four weeks from today.
18. The application stands disposed of accordingly.
I.A. 19051/2023 (Exemption)
19. Subject to the plaintiffs filing legible copies of any dim or illegible documents on which it may seek to place reliance within 30 days from today, exemption is granted for the present.
20. The application is disposed of.
I.A. 19052/2023 (Section 12A of the Commercial Courts Act, 2015)
21. In view of the judgment of the Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltd2, exemption is granted from the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.
22. The application stands allowed accordingly.
C. HARI SHANKAR, J.
OCTOBER 6, 2023/dsn 2 2022 SCC OnLine Del 3529 CS(COMM) 686/2023 Page 4 of 4 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 13/10/2023 at 23:17:46