1. ADMIT.

2. Mr.P.K.Nanavati, learned advocate appearing with Mr.K.S. Nanavati for Nanavati Associates, who is on caveat waives the service of notice of admission on behalf of the respondent No.1 original plaintiff.

3. With the consent of the learned advocates appearing on behalf of the respective parties and in the facts and circumstances of the case and as the Appeal From Order is against the ex-parte ad-interim injunction granted by the learned trial court and next date of hearing of the application Ex.5 before the learned trial court is 27/7/2009, the present Appeal From Order is taken up for final hearing today.

4. Heard Mr.Mihir Thakore, learned Senior Advocate appearing on behalf of the appellant-original defendant No.1 and Mr.K.S.Nanavati, learned senior advocate appearing on behalf of the respondent No.1 original plaintiff extensively and at length.

5. Present Appeal From Order under Order 43 Rule 1 of the Code of Civil Procedure has been preferred by the appellant original defendant No.1 challenging the impugned ex-parte ad-interim injunction granted by the learned Presiding Officer, FTC No.2, Ahmedabad (Rural) dtd.13/7/2009 below application Ex.5 in Regular Civil Suit No.147 of 2009, by which, the learned trial court has granted ex-parte ad-interim injunction in terms of para 57(c) of the application Ex.5, by which the defendants are restrained and directed to remove from its website on the Internet, Intranet or any other Computer Network its present CPS, local Registration Authority Agreement, Subscriber Agreement, Relying Party Agreement, and Application Form for applying for Digital Signature Certificate or any document substantially and/or materially similar to the plaintiff's CPS, Local Registration Authority Agreement, Subscriber Agreement, Relying Party Agreement and Application form for applying for Digital Signature Certificate till 27/07/2009, which according to the appellant herein original defendant No.1 is mandatory in nature.

6. The respondent No.1 original plaintiff (hereinafter referred to as “the plaintiff”) has instituted Regular Civil Suit No. 147 of 2009 in the Court of learned District Judge, Ahmedabad (Rural) against the defendants alleging copy right infringement and praying, inter-alia for an order of injunction restraining the appellant original defendant No.1 and respondent No.2 original defendant No.2 from plaintiff's Certification Practice Statement, Local Registration Authority Agreement, Subscriber Agreement, Relying Party Agreement, and Application Form for applying for Digital Signature Certificate or any documents substantially and/or materially similar to that of the plaintiff.

7. As the application Ex.5 is yet to be decided and disposed of by the learned trial court, this Court is not further narrating the facts of the case. However, suffice it to mention that it is alleged by the plaintiff that the defendants have used computer, computer network, internet or other electronics means to download and/or copy right the plaintiff's CPS, Local Registration Authority Agreement, Subscriber Agreement, Relying Party Agreement, and Application form for applying for Digital Signature Certificate and for again used computer or other electronics means to substantially and materially retained plaintiff's CPS, Local Registration Authority Agreement, Subscriber Agreement, Relying Party Agreement, and Application Form for applying for Digital Signature Certificate and thus the defendants have used the computer and other electronics means in the illegal acts and piracy of copy right infringement. Thus, basically the suit is for infringement of copy right and for declaration and permanent injunction.

8. In the said suit, the plaintiff submitted application Ex.5 for interim injunction on 4/7/2009 and the same was placed before the learned trial court for preliminary hearing and/or first hearing on 13/7/2009 and the learned trial court passed the following ex-parte ad-interim injunction and or