judgment proceed, thereafter, to
observe as under:
"39. Confidentiality and secrecy is claimed in the same works in
which copyright is claimed viz. data ... plaintiff to,
in the plaint, plead how the data etc. in which confidentiality is
claimed is different from data of any other entity engaged
attempt to drive home his allegation of misuse of confidentiality:
(i) On 13th April 2012, Mohan Chavan, Chief Executive
Officer (CEO) of the plaintiff, applied ... Ecogreen"), the predecessor-in-title of the plaintiff executed a
Confidentiality Agreement with Carrier. At that time,
Defendant 3 Vanshaj Dhawan ("Vanshaj
Rule 17 of the Original Side Rules reads thus:
"17. Confidentiality Club. - When parties to a
commercial suit wish to rely on
documents/information ... commercially or
otherwise confidential in nature, the Court may
constitute a Confidentiality Club so as to allow limited
access to such documents/information. In doing
JUSTICE C. HARI SHANKAR
ORDER
% 10.11.2023
I.A. 17742/2023 (formation of confidentiality club (rejoinder filed;
reply on record)
1. This is an application ... High Court
(Original Side) Rules 2018, praying for setting up of a confidentiality
club.
2. The point at which the parties have joined issues, regarding
been necessitated owing to the difficulty in
filing confidential documents, after the confidentiality club had been
constituted by this Court, vide order, dated 24th February ... plaintiff in a
sealed cover and, in order to maintain confidentiality of such
information, a confidentiality club, consisting of four counsel and two
representatives
below and to any Person other than to a Permitted
Transferee.
*****
18. CONFIDENTIALITY
18.1 Without the prior written consent of the other Party,
each ... legal advisors,
banks and financial institutions who shall be bound by
the confidentiality obligations set out under this Clause
18; and
Signature Not Verified
Digitally
FRAND offer and in certain situations provides information
necessary, subject to confidentiality agreement, for a licensee to
evaluate an offer (relevant ... provided a
remedy of sorts by envisaging the setting up of confidentiality clubs14
where select representatives of each side alone would be entitled
order dated 19 October 2023 in IA 20290/2023
whereby the Confidentiality Club earlier constituted in this matter was
permitted to be re-constituted ... Anand Kanojia as the advocates, who could
constitute the members of the Confidentiality Club.
4. In view of the consent granted by the learned Counsel
without expressing any opinion thereon.
6. In as much as a confidentiality club has been constituted in the
present case, the Registry is directed ... return, to the counsel named in
the confidentiality club, all physical and electronic copies of the
documents confidentially filed with the Registry. The members
period of
four weeks from today.
IA 20290/2023 (Reconstitution of Confidentiality Club)
18. This is an application seeking reconstitution of the
confidentiality club constituted ... Sharma, learned Counsel for the defendant/applicant,
submits that, after the confidentiality club was constituted, the
Counsel for the defendant have changed and that, thereafter
