Full Text
I.A. No. 14247/2009 and I.A. No. 14946/2009 in CS (OS)
No. 2091/2009 Gemalto Terminals India Pvt. Ltd & Ors. ...Plaintiffs
Through : Mr. Sanjay Jain, Sr. Adv. with Ms. Charu Mehta, Ms. Deepali Liberahn and Ms. Prabsahay Kaur, Advs. for D-1
Mr. Jagdish Sagar, Adv. for D-2 Mr. Adhip Iyer and Mr. Praveen Aggarwal, Advs. for D-3
Through : Mr. Naveen Goel and Mr. Mritunjaya Kumar, Advs.
JUDGMENT
1. Whether the Reporters of local papers may be allowed to see the judgment? No
2. To be referred to Reporter or not? No
3. Whether the judgment should be reported in the Digest? No MANMOHAN SINGH, J. I.A. No.14247/2009
1. The present suit has been filed by Gemalto Terminals India Pvt. Ltd. who is defendant No.1 in suit No.1876/2009. The interim application no. 14247/2009 filed by the plaintiff in the present suit under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 has 2009:DHC:5246 No. 13130/2009 and I.A. No. 14570/2009 in suit no.1876/2009. The order passed in those applications may be read as order in the present application. The present application is, therefore, disposed of in view of the order passed in these applications. IA No.14247/2009 disposed of accordingly. I.A. No. 14946/2009
2. The present application has been filed by defendant under Section 10 read with Section 151 of the CPC for stay of the suit being a subsequent suit on the same subject matter. It is an undisputed fact that the subject matter in both the suits is the same. The MAIN distinction in both matters is that both the parties are claiming their ownership in the softwares, on the basis of various rival pleas raised by them in their cases.
3. Since both the parties have filed counter suits against each other and each party is claiming copyright in the softwares, therefore the prayer made in the application for stay of the suit proceedings in the present case cannot be granted. In the interest of the parties and to save cost and time and in order to avoid conflicting orders, I am of the view that the present suit be consolidated with the earlier suit CS (OS) NO. 1876/2009 and the trial be recorded in suit No.1876/2009.
4. For the reasons given above, no further orders are required to be passed. I.A. No. 14946/2009 is disposed of.
MANMOHAN SINGH, J.