Plaintiffs can file additional documents post the filing of the suit without showing reasonable cause, if the documents were not in their possession when the suit was filed.

JUDGMENT

Jyoti Singh, J.

I.A. 16454/2021 (for filing additional documents, by Plaintiffs)

1. Present application has been preferred on behalf of the Plaintiffs under Order XI Rule 1(5) read with Section 151 of the CPC, 1908 as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as the `Act') seeking leave of this Court to file additional documents.

2. Plaintiffs have filed the present suit seeking injunction restraining the Defendants from infringing Plaintiffs No. 1 and 5' copyright in their original literary work `HealthBuzz', Plaintiffs' confidential data, information and trade secrets and from printing, publishing, reproducing, etc. or dealing, in any manner, with the literary work, amongst other reliefs.

3. Summons were issued in the suit on 28.09.2018. Upon being served, Defendants filed their written statements and subsequent thereto replications have been filed by the Plaintiffs. Most of the parties have filed their affidavits of admission and denial of documents. Issues are yet to be framed in the suit.

4. It is Plaintiffs' case that Defendants No. 4, 6, 8, 10, 12 and 14 to 19 are ex-employees of Plaintiffs No. 1 to 4 and during the course of their employment, they had access to and acquired significant knowledge of Plaintiffs' proprietary software `HealthBuzz', its source code and all other confidential data and trade secrets. Misusing confidential information, source code, trade secrets etc., Defendants clandestinely set up competing business entities in March, 2016, while they were employed with the Plaintiffs. Taking undue advantage of their association with the Plaintiffs, Defendants also resorted to diverting clients and business of the Plaintiffs to Defendants No. 1 to 3 and created a counterfeit software of `HealthBuzz'.

5. By the present application, Plaintiffs seek to place on record the following additional documents which have been bifurcated for the ease of reference by the Plaintiffs in Section `A' and Section `B':

Section `A'

I. Documents available in public domain which would lend support to the Plaintiffs' averments that the Defendants are dealing with either HealthBuzz or HealthIns.

(a) Audited financial statements of the Defendant No. 1 for the financial year ending on 31 March 2019 which showcases that its revenue was entirely generated from IT support services provided by the Defendant No. 1.

(b) Similarly, audited financial statements of the Defendant No. 1 for the financial year ending on 31 March 2020 which showcases that its revenue was entirely generated once again from IT support services provided by the Defendant No. 1.

(c) Screenshots of the website of the Defendant No. 1 regarding the health insurance software as on 16 August 2021.

II. Correspondence/documents in respect of parallel companies incorporated by the Defendants, namely Exure Technologies Pvt Ltd in India (formerly known as Exaosis Technologies Pvt Ltd) and Enoviq Technologies Pte Ltd in Singapore (formerly known as Exaosis Technologies Pte Ltd).

(d) In early 2020, the Plaintiffs received a whistle blower complaint that the Defendants discretely set up yet another company in the names of Exaosis India and Exaosis Singapore.

(e) Screenshots disclosing the domain names of Exure Technologies Pvt. Ltd. (hereinafter referred to as "Exaosis India") and Enoviq Technologies Pte. Ltd. (hereinafter referred to as "Exaosis Singapore").

(f) Documents disclosing the details of the owner of the domain name www.exaosis.com (being Defendant No. 13, Ms. Himani Sharma) as well as that of the Defendant Nos. 1 and 2.

(g) Documents evidencing the initial and subsequent proprietor of the trademark "Ayushmat".

(h) Audited financial statement of Exaosis India for the year ending 31 March 2019 which reflected trade payables of INR 1,12,500 to Defendant No. 10, Mr. Sunil Kumar.

(i) LinkedIn profiles and profiles uploaded on recruitment websites such as www.naukri.com of various