JUDGMENT :

B.P. COLABAWALLA, J.

1. The present Interim Application is filed by the Defendant seeking the following reliefs:

“(a) (i) this Hon’ble Court be pleased to dismiss the Plaintiff’s claim for copyright infringement under Order XIII-A of the Civil Procedure Code, 1908, as applicable to Commercial Suits.

(ii) this Hon’ble Court be pleased to dismiss the Plaintiff’s claim for passing off under Order XIII-A of the Civil Procedure Code, 1908, as applicable to Commercial Suits.

(b) In the alternative to the above prayer clause (a), this Hon’ble Court be pleased to direct the Plaintiff to deposit sufficient monies in this Hon’ble Court to cover the costs and expenses of the Defendant in defending the suit, or give adequate security for restitution of costs and expenses under the provisions of Order XIII A of the Civil Procedure Code as applicable to Commercial Courts.”

2. To put it in a nutshell, what the Defendant seeks is a judgment of dismissal of the above Suit under the provisions of Order XIII-A of the Code of Civil Procedure, 1908 (for short “the CPC”) and, in the alternative, a direction to the Plaintiff to deposit sufficient monies in this Court to cover the costs and expenses