Delhi High Court - Orders
Dlt Global Inc vs Dlt Labs Technologies Private Limited & ... on 8 May, 2023
Author: C. Hari Shankar
Bench: C.Hari Shankar
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 143/2023 & I.A. 8103/2023, I.A. 8855/2023, I.A.
8856/2023, I.A. 8857/2023
DLT GLOBAL INC ..... Plaintiff
Through: Mr.Chander Lall, Sr. Adv. with
Mr.Varun Lamba, Dr.Abhimanyu
Chopra,Ms.Shubhangi Jain and Mr.Amab
Ray, Advs.
versus
DLT LABS TECHNOLOGIES PRIVATE LIMITED & ORS.
..... Defendants
Through: Mr. Raj Shekhar Rao, Sr. Adv.
with Mr.Rajat Mathur, Ms.Bhavya Goyal,
Mr. Rahul Srivastava and Mr.Udbhav
Sinha, Advs. for D-2 and 7
Mr. Gautam Swarup, Mr. Amitabh Sinha,
Mr. Kartikeya Jaiswal, Ms. Gunjan Jindal
and Mr. Ankur Das, Advs. for applicant in
IA 8857/2023
Mr. Akbar Siddique and Mr. Animesh
Mishra, Adv.for Intervener
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 08.05.2023 I.A. 8103/2023 (under Section 151 of CPC)
1. Consequent to the order dated 27th April 2023 passed by this Bench, Mr. Sidharth Mathur, the learned Joint Registrar (Judicial) of this Court, has submitted a report with respect to ownership of the devices/gadgets seized during raids conducted by the learned Local Commissioners who were appointed by this Court vide order dated 14th March 2023.
Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 143/2023 Page 1 of 6 Signing Date:09.05.2023 11:12:132. The report of the learned Joint Registrar (Judicial) opines that the following devices, taken into custody by the learned Local Commissioners Mr. Shashwat Panda and Mr. Sameer Sharma, prima facie belonged to Defendant 1:
Devices taken into custody as per report of Mr. Shashwat Panda (Local Commissioner) S.No. Device Make/Type Device Serial/IMEI No.
1. Dell (Laptop) DYB12X2
2. Dell (Laptop) 1L654B3
3. Microsoft (Laptop) 0F01C75220201J
4. Microsoft (Laptop) 0F0066T220301J
5. Microsoft (Laptop) 0F01C8T220201J
6. Dell (Laptop) 4RJDNL3
7. Dell (Laptop) D556RG3
8. Dell (Laptop) JFD12X2
9. HP (Laptop) 5CD046CPVL
10. Dell (Laptop) HB654B3 11 Dell (Laptop) 4439DL3
12. Dell (Laptop) 51L8JR2
13. Dell (Laptop) 6TZQZW2
14. Dell (Laptop) H339DL3
15. Dell (Laptop) CZ37TQ2
16. Dell (Laptop) JB6S4B3
17. Apple (Laptop) CO 2F5D2NMD6M
18. Dell (Laptop) 39GXY93
19. Dell (Laptop) DNDRZW2 Devices taken into custody as per report of Mr. Sameer Sharma (Local Commissioner) S.No. Asset Description Serial No.
1. LAPTOP-Microsoft 009230713757 Surface 4, Model-1950
2. LAPTOP - Dell, ST-JQJDNL3, RegModel-
Model-Latitude 5220 P104F101, EX-4296353459, DP/N 6B5NR A00DE
3. LAPTOP - Dell, ST- HJ6S4B3, RegModel Model-Latitude 3510 P1Ol F1Ol, Ex-38165546703, DP/N-K12 K6 AOODE
4. LAPTOP - HP, Model- 5CD0359T9S, ProdID-
ProBook 450 G7 6YY28AV
5. LAPTOP - Dell, ST-3339DL3, Ex-
Model-Latitude 5220 6717221895, RegModel-
P104F101, DP/N-
Signature Not Verified
Digitally Signed
By:KAMLA RAWAT
CS(COMM) 143/2023 Page 2 of 6
Signing Date:09.05.2023
11:12:13
6V5NRA00DE
6. LAPTOP - HP, Model- 5CD0512GF8, ProdID-
ProBook 450 G8 lA896AV
7. MOBILE-iphone11 Mobile S/N-C6KD93LRN73J
128GB, Model-
MWM52HN/A
8. LAPTOP- C02F539EMD6M, Intel
MACKBOOK Pro 16 Based Ventura 13.2.1, Mobile
Inch 2019, MOBILE- S/N C6KD93L6N731
iphone 11 128GB,
Model- MWM52HN/A
9. LAPTOP - Dell, S/N-8439DL3, RegModel-
Model-Latitude 5520 P104F101, Ex-17661599751,
DP/N-6V5NR AOODE
3. Additionally, para 4 of the report of the learned Joint Registrar (Judicial) opines that six more laptops and one mobile phone which were seized from Golghar, Gorakhpur, U.P. by the learned Local Commissioner Nikhil Kukreja, also belonged to the employees of Defendant 1.
4. Further, para 5 of the report of the learned Joint Registrar (Judicial) notes that two laptops and two mobile phones were seized from Baragaon colony, Bilandpur, Gorakhpur, U.P. by the local Commissioner. Regarding the two laptops recovered during raid from the aforesaid premises of Defendant 3, the learned Joint Registrar (Judicial)'s report states that neither of the parties produced any invoice.
5. Defendant 1 has remained absent from these proceedings.
6. Mr. Rajshekhar Rao, learned Senior Counsel for Defendants 2 to 7, has no objection to cloning of the data contained in the aforesaid devices seized by the learned local Commissioners Mr. Shashwat Panda, Mr. Sameer Sharma and Mr. Nikhil Kukreja provided, after the cloning takes place, the representatives/counsel for the plaintiff and Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 143/2023 Page 3 of 6 Signing Date:09.05.2023 11:12:13 Defendants 2 to 7 are permitted jointly to inspect the data cloned so that the data of the plaintiff could be identified and copies thereof be retrieved and retained by the plaintiff.
7. For the said purpose, the parties are again directed to be personally present before the learned Joint Registrar (Judicial) on 15th May 2023. Each of them would be entitled to have two technical personnel accompanying them so that the exercise of identification and retrieval of data is facilitated.
8. The report of the learned Joint Registrar (Judicial) also discloses that one of the two mobile phones which were taken into custody by the learned Local Commissioner Mr. Amit Yadav belongs to the plaintiff. Regarding the second mobile phone, the learned Joint Registrar (Judicial)'s report is indeterminate as it states that there is insufficient material to opine on its ownership.
9. The plaintiff would also be entitled to retrieve data from the iPhone taken into custody by Mr. Amit Yadav, which has been identified by the learned Joint Registrar (Judicial) as belonging to the plaintiff.
10. In case any password is necessary for accessing and retrieving the data contained in the aforesaid devices, Mr. Rajshekhar Rao, learned Senior Counsel for Defendants 2 to 7, submits that his clients would provide the necessary passwords.
11. Re-notify this application on 24th May 2023.
Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 143/2023 Page 4 of 6 Signing Date:09.05.2023 11:12:13 I.A. 8857/202312. This is an application by M/s Multi-factor LLP, who claims to have leased out the devices containing the allegedly copyrighted information of the plaintiff which were taken into custody by the learned Local Commissioners consequent to the commissions executed as per the order dated 14th March 2023 passed by this Court.
13. The case of the applicant is apparently that there are certain payments due to the applicant from the lessees, which entitles the applicant to take possession of the said devices.
14. The dispute between the applicant and the lessees of the devices is foreign to the present suit. However, it is made clear that, as the devices have been taken into custody on the apprehension that they may contain information in which the plaintiff holds copyright, the court is not passing any order for release of the said devices to the applicant at this stage.
15. The court has today passed an order permitting the cloning of the information and retrieval and handing over, to the plaintiff, of the information which is personal to the applicant contained in the said devices.
16. The prayer of the applicant in the present application shall be considered after the said information has been handed over to the plaintiff.
17. Accordingly, re-notify this application on 24th May 2023.
Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 143/2023 Page 5 of 6 Signing Date:09.05.2023 11:12:13I.A. 8855/2023 (under Order XXXIX Rule 2A of CPC) I.A. 8856/2023 (under Order XXXIX Rule 2A of CPC)
18. Issue notice, returnable on 24th May 2023.
19. Notice be served on the respondents/non-applicants through learned Counsel who appears on their behalf.
20. Reply, if any, be filed within two weeks with an advance copy to learned Counsel for the plaintiff who may file rejoinder thereto, if any, before the next date of hearing.
C. HARI SHANKAR, J.
MAY 8, 2023 dsn Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 143/2023 Page 6 of 6 Signing Date:09.05.2023 11:12:13