Calcutta High Court
Indian Explosives Pvt Ltd vs Ideal Detonators Pvt Ltd And Ors on 27 March, 2023
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
ODC- 3
IA NO. GA/1/2023
In CS/48/2023
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
[Commercial Division]
INDIAN EXPLOSIVES PVT LTD
Vs
IDEAL DETONATORS PVT LTD AND ORS
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 27th March, 2023.
Appearance:
Mr. Ranjan Bachawat, Adv.
Mr. Rudraman Bhattacharyya, Adv.
Mr. Rajdeep Mantha, Adv.
Mr. Subhankar Chakraborty, Adv.
Mr. S. Bhattacharjee, Adv.
...for plaintiff
Mr. Chittapriya Ghosh, Adv.
Ms. A. Gupta, Adv.
...for respondent.
The Court:-
Affidavit of Service filed by the petitioner be kept with the records. None appears on behalf of the respondent nos. 2 to 7 nor is any adjournment prayed for on their behalf.
This is a suit inter-alia for breach of confidentiality and for infringement of copyright.
The plaintiff is inter-alia engaged in the business of industrial explosives. The plaintiff also manufactures shock tube explosives. A shock tube is used to convey a detonation signal to a detonator and is used in explosives. It is contended that the shock tubes cannot be replicated by any party without the drawings being 2 replicated or copied in two dimensional forms before producing the three dimensional object. Such drawings are artistic works and fall within the purview of Copyright Act 1957. The petitioner is the owner of the copyright in such drawings and protected under the Copyright Act 1957.
The petitioner has also acquired significant goodwill as a manufacturer of shock tube detonators. The manufacturing process of the petitioner is morefully contained in a series of documents/diagrams particulars whereof are morefully set out at paragraph 5 of the petition.
It is alleged that the defendant no. 2 during the course of employment had stolen confidential information and drawings pertaining to manufacture of inter- alia shock tube detonators and morefully sold the same to the respondent no.1 for gains. By disclosing the confidential and proprietary information and trade secrets of the petitioner, the respondent no.2 has also committed breach of trust. Thereafter, in collaboration with the respondent no.1, the respondent no.2 has also opened a competitive plant and is manufacturing shock tubes through the respondent no.3. It is further alleged that respondent nos. 4 & 5 in collusion with respondent no.1 have raised invoices on respondent no.3 with the oblique purpose of receiving illegal commissions for and on behalf of the respondent no.2. It is further contended that upon investigation it was discovered that several mails, correspondence and communications are available to demonstrate the ill motive and mala fide intention of the respondents to infringe upon the exclusive rights of the petitioner.
The respondent no.1 is represented. An adjournment is sought for on behalf of the respondent no.1 on the ground that they are yet to file their Vakalatnama. 3
The respondent undertakes to file the Vakalatnama by 29 March, 2023. It is further submitted on behalf of the respondent no. 1 that he have no intention to disclose nor transfer the information morefully mentioned in paragraph 5 of the petition to any other third party.
Prima facie, I find the involvement of the respondents is setting up of a rival plant and the unauthorized use of drawings and other documents of the plaintiff and the confidential information of the plaintiff particulars whereof appear at paragraph 5 of the petitioner.
I also find that the plaintiff has a strong prima facie case on merits. The balance of convenience and irreparable injury is also in favour of orders being passed as prayed for herein.
In view of the submissions made on behalf of the respondent no.1 and the fact that there is prima facie evidence of the respondent nos. 2 to 7 of having acted in concert, the respondents are restrained from transferring, disclosing the information morefully mentioned in paragraph 5 of the petitioner till the returnable date.
Let this matter appear on 30 March, 2023.
In the meantime, the petitioners are directed to serve a copy of this order and the notice on all the respondents and file Affidavit of Service on the returnable date.
(RAVI KRISHAN KAPUR, J.) SK.