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2023 Supreme(Cal) 1058

RAVI KRISHAN KAPUR
Indian Explosives Pvt Ltd – Appellant
Versus
Ideal Detonators Pvt Ltd. – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Ranjan Bachawat, Mr. Rudraman Bhattacharya, Mr. Rajdeep Mantha, Mr. Bhavesh Garodia, Mr. Subhankar Chakraborty, Mr. Saptarshi Bhattacharjee.
For the Defendants : Mr. Surajit Nath Mitra, Mr. Chittopriya Ghosh, Mrs. Aiswarjya Gupta, Mr. Somesh Kumar Ghosh, Mr. Soham Sanyal, Mr. Utpal Bose, Mr. Saptarshi Banerjee, Mr. Kuntal Roy, Mr. Koushik Chowdhury.

JUDGMENT :

(Ravi Krishan Kapur, J.) :

1. This is an application by the defendant no.1 inter alia seeking revocation of dispensation granted under section 12A of the Commercial Courts Act 2015 (the Act).

2. At the outset, it is clarified that though pleaded, the prayer for revocation of leave under Clause 12 of the Letters Patent Act, 1865 was not pressed at the time of hearing of the application. The only question which arises for consideration is whether the requirement with the compliance of section 12A of the Act ought to have been dispensed with or not.

3. Briefly, the suit is for infringement of copyright. It is alleged that the defendant no.2, was an employee of the plaintiff company since 2011 and had ultimately left the services of the plaintiff company in or around 2022. It is also alleged that in or about 2016, the defendant no.2 had unauthorizedly taken copies of the drawings and documents relating to the manufacturing process of shock tubes and had divulged and sold the same to third parties including the defendant no.1. It is further alleged that after having discovered the unlawful and illegal acts of the defendant no.2, the plaintiff had in 2022 filed a complaint with

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