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2009 Supreme(Del) 854

MUKUL MUDGAL, VALMIKI J.MEHTA
M. Sivasamy – Appellant
Versus
Vestergaard Frandsen – Respondent


Advocates appeared
Mr. Chinmoy Pradip Sharma, Advocate
Mr. Sudhir Chandra, Sr. Advocate with Ms. Swathi Sukuman and Ms. Tusha Malhotra, Advocates for R-1 and R-3.

JUDGMENT

VALMIKI J.MEHTA, J.

1. By this common order the connected appeals FAO(OS) No.205/2009, FAO(OS) No.206/2009 and FAO(OS) No.211/2009 are being decided. Since the facts of all the appeals are common, being referable to the suit CS(OS) 599/07 pending in the original side of this court, for the purpose of convenience, reference is being made to facts and parties appearing in the appeal FAO (S) No.207/2009.

2. The issue which requires to be addressed in these appeals is : where two parties are claiming exclusive ownership rights in a product and its confidential/proprietary information along with related copyright material, then in such a case whether one party is entitled to seek production of documents with respect to the product of the other party under the provisions of Order 11 Rules 12 and 14 of the Code of Civil Procedure (CPC), 1908. The related issue is if the production of the documents is to be allowed, then, what precautions are to be observed to protect the rights of the party against whom production of documents is ordered. The learned Single Judge by the impugned order has allowed the applications of the plaintiffs and directed the defendants to „discover? in a se




















































































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