JUDGMENT :

1. The grievances of the plaintiff, in the present case, were that the compilations and databases of the plaintiff’s were unauthorisedly reflected on the websites and databases of Defendants 1 and 2 and that Defendants 1 and 2 were using the trade mark 'Jd', 'justdial', and/or 'jdmagicbox' which were actually belonging to the plaintiff.

2. The defendants had, at the very inception, come forward and stated that they were willing to remove, from their website and databases, all the compilations and databases of the plaintiff. Accordingly, this Court had appointed a learned Mediator to oversee the exercise of removal.

3. Under the aegis of the learned Mediator, the compilations and databases of the plaintiff now have been completely deleted from the websites of the defendants. The defendants have also furnished the following undertaking, dated 27th January 2023 :

“UNDERTAKING ON BEHALF OF THE DEFENDANTS BY MS. NATALIA CHERNOVA, AGED 29 YEARS, RESIDENT OF THE RUSSIAN FEDERATI0N, COO OF LOCAL SEARCH SOLUTIONS PRIVATE LIMITED (DEFENDANT NO. 1)

1. I say that I am Chief Operating Officer of the company Local Search Solutions Private Limited having its registered office at Plot No.55, Shop No.57, CITI Tower, Sector 15, Ground Floor, CBD Belapur Mumbai, Maharashtra, India and the authorized representative of the Company.

2. I state on oath and represent under the penalty of perjury in the event of breach of this undertaking, that by the date of this document and to the best of my knowledge the following information is true and correct:

a. Defendant No. 1, its associates, affiliates, subsidiaries, employees, officials, directors, legal representative and any business or legal entity and its heirs, predecessors, successors, contractors, consultants, or assigns (referred to as "Defendant No. 1" collectively), has deleted from all of its websites, servers(whether production, development, back up servers, virtual servers, clouds or any other servers) and storage devices or in any other form whatsoever, all the data in all formats (print or electronic) which was unauthorizedly obtained by Defendant No. 1 from the Plaintiff’s website, including but not limited to all computer databases, contents, products' images, products' image names and patterns, products IDs, vendor information, business details, specifications, descriptions, product catalogues, or any other proprietary compilations of databases of Plaintiff and its trade name, trademarks, domain name, keywords, metatags, virtual numbers, CDN (content delivery network) paths and reviews (collectively referred to as the "Plaintiff’s database and intellectual property").

b. No part of the Plaintiff’s database is now available on any of Defendant No. 1's servers and/ or storage devices as mentioned hereinabove.

c. Defendant No. 1 has not copied or made any "mirror image" of the Plaintiff’s database including but not limited to with source codes, logs records, cache files, browsing history, including all mislabelled, hidden and deleted directories, files/images/data, logs records, cache files, browsing history, source codes of data, that are stored/hosted/published on its websites, servers or CDN path or any other associates websites, servers & CDN Paths.

d. Defendant No. 1 shall not use the Plaintiff’s database and intellectual property and their business listings, in any manner whatsoever by any means, i.e., including but not limited to by tagging, hyper-link, deep-link, as part of their source code, meta tags, and any other sort of internet-based linking.

e. Defendant No. 1 duly informed the Plaintiff’s representatives of all servers and storage devices in which Defendant No. 1 stores data, whether permanently or temporarily. Defendant No. 1 has represented that all the data is stored in servers in Germany. There is no server or storage device on which Defendant No. I stores data, whether permanently or temporarily, other than those to which the Plaintiff was provided access and on which th