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2014 Supreme(Del) 2791

G.S.SISTANI
Microsoft Corporation & Anr. – Appellant
Versus
Rajeev Trehan & Anr. – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Ashsish Somasia, Advocate.
For the Defendant : None.

G.S. Sistani, J. (Oral):--

1. The plaintiffs have filed the present suit for permanent injunction restraining infringement of copyrights, delivery up, rendition of accounts of profits, damages etc. Summons were issued in the suit on 23.01.2008, 29.04.2008, 10.11.2008 and 29.04.2009. On 13.08.2009 Defendant No. 2 entered appearance and fresh summons were issued to Defendant No. 1. None appeared on behalf of Defendant No. 1 despite service, hence Defendant No. 1 was proceeded ex parte on 15.01.2010 and Defendant No. 2 was deleted from the array of parties as there was no necessity of impleading the proprietary concern of its business name as defendant No. 2.

2. On 17.08.2010, defendant No. 1 put in appearance and filed an application under Order IX Rule 7 CPC. On 30.09.2011, defendant No. 1, Mr. Rajiv Trehan stated on oath that he is not the proprietor of Defendant No. 2 firm and had no connection whatsoever with M/S Kudrat Infotech. On 31.01.2012 counsel for Defendant No. 1 stated that Defendant No. 2 is a sole proprietary concern and Mr Karan Deep Singh is the sole proprietor. On 07.11.2013, order dated 15.01.2010 wherein Defendant No. 2 was deleted from the array of parties and Defe





































































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