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$-18 HIGH COURT OF DELHI
FAO (OS) 317/2013
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$-18 HIGH COURT OF DELHI
FAO (OS) 317/2013
CM APPL. 10672/2013
I'RNDEIWEWS.COM THR MR I^KliSH KALIA (SOLE PROPRIETOR) Appellant
Through: Mr. Pradeep Dhingra, Advocate.
I'RNDEIWEWS.COM THR MR I^KliSH KALIA (SOLE PROPRIETOR) Appellant
Through: Mr. Pradeep Dhingra, Advocate.
VERSUS
3SG ONLINE INC. & ORS Respondents
Through: None.
Through: None.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R 17.07.2013
HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R 17.07.2013
CM APPL.10672/2013 (exemption)
Allowed, subject to just exceptions.
Allowed, subject to just exceptions.
FAO (OS) 317/2013
The appellant is aggrieved by an order dated 9.7.2013 by which learned Single Judge issued notices in the suit on various applications including the application for appointment of Local Commissioner -
The appellant is aggrieved by an order dated 9.7.2013 by which learned Single Judge issued notices in the suit on various applications including the application for appointment of Local Commissioner -
I.A. 10603/2013. It is contended that the element of surprise which is so essential in such matters would be completely lost if notices were to be served and a Local Commissioner appointed thereafter.
Learned counsel emphasized that the defendants/respondents were former employees of the plaintiff as well as the vendor of its hardware
2013:DHC:7373-DB / ^ i- who are now unauthorizedly using its software and source code. It was submitted that in these circumstances, the exparte order ought to be made. Learned counsel rehes upon the decision of this Court in
AutodeskINC. V. A. V.T. Shankardass AIR 2008 Del 167. ;
This Court is of the opinion that there is some merit in the appellant's arguments. However, it would not be appropriate for this
Court to issue orders sought for especially in view of restricted nature of its appellate power instead it would be appropriate torthe appellant to approach the learned Single .Tudge with a suitable application drawing notice of the Court to the Division Bench's decision in
Autodesk INC matter (supra) which he would doubtless take into consideration while making appropriate orders.
The appeal is disposed of in the above terms.
Order dasti under the signatures of Courtmaster.
S. RAVINDRA BHAT, J 7^ NAJMI WAZIRI, J JULY 17, 2013
/vks/ 2013:DHC:7373-DB
Learned counsel emphasized that the defendants/respondents were former employees of the plaintiff as well as the vendor of its hardware
2013:DHC:7373-DB / ^ i- who are now unauthorizedly using its software and source code. It was submitted that in these circumstances, the exparte order ought to be made. Learned counsel rehes upon the decision of this Court in
AutodeskINC. V. A. V.T. Shankardass AIR 2008 Del 167. ;
This Court is of the opinion that there is some merit in the appellant's arguments. However, it would not be appropriate for this
Court to issue orders sought for especially in view of restricted nature of its appellate power instead it would be appropriate torthe appellant to approach the learned Single .Tudge with a suitable application drawing notice of the Court to the Division Bench's decision in
Autodesk INC matter (supra) which he would doubtless take into consideration while making appropriate orders.
The appeal is disposed of in the above terms.
Order dasti under the signatures of Courtmaster.
S. RAVINDRA BHAT, J 7^ NAJMI WAZIRI, J JULY 17, 2013
/vks/ 2013:DHC:7373-DB
JUDGMENT