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DELHI HIGH COURT
AMIT BANSAL
Western Digital Technologies, Inc – Appellant
Versus
SYT Solutions Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. application for party impleadment (Para 1 , 2) |
| 2. opposition to impleadment application (Para 3) |
| 3. legal tests for necessary and proper parties (Para 4 , 5 , 6) |
| 4. criteria for party involvement in litigation (Para 7 , 10) |
| 5. determination regarding infringing goods (Para 9 , 12 , 13) |
| 6. dismissal of application for non-necessary party (Para 14) |
| 7. procedural order and adjournment (Para 15 , 16 , 17 , 18) |
JUDGMENT
Amit Bansal, J. (Oral)
I.A. 3096/2020(O.I R.10 of CPC)
1. The present application has been filed on behalf of Commissioner of Customs (General), Air Cargo Complex, Sahar, Andheri (East), Mumbai-400009 seeking impleadment in the present suit as a proper party.
2. The application is premised on the infringement of the intellectual property rights of the plaintiff in terms of the Custom Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (hereinafter referred to as `IPR Enforcement Rules'), on account of the import of goods by the defendant. The applicant had passed a seizure memo dated 2nd May, 2018 in respect of 9,644pieces of the goods imported by the defendant under Section 110(1) of the Customs Act, 1962. It is also the case of the app
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