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2024 Supreme(Online)(DEL) 31118

HIGH COURT OF DELHI
MS. JUSTICE MINI PUSHKARN, J
STEER ENGINEERING PRIVATE LIMITED – Appellant
Versus
RKP DRIVES INDIA PRIVATE LIMITED & ORS. – Respondent
CS(COMM) 801/2024



Advocates:
OBHAN & ASSOCIATES

The court granted exemptions and injunctions, emphasizing the protection of intellectual property rights and the necessity of Local Commissioners to prevent evidence tampering.

Headnote:(A) Code of Civil Procedure, 1908 - Section 151 - Commercial Courts Act, 2015 - Section 12A - Exemption from filing original documents and undergoing Pre-Institution Mediation granted - Applications for leave to file additional documents and confidential information allowed - Permanent injunction sought for patent infringement and copyright violation - Plaintiff demonstrated a prima facie case for injunction, with balance of convenience in their favor. (Paras 1-4, 5-7, 8-10, 11-13, 14-18, 24-53)

(B) Intellectual Property Rights - The plaintiff has a statutory right to protect its patents and confidential information, and unauthorized use by the defendants constitutes infringement and misappropriation. (Paras 24-52)

(C) Local Commissioners - Appointment of Local Commissioners to seize infringing products and confidential information authorized to prevent evidence tampering. (Paras 59-61)

ORDER

1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), on behalf of the plaintiff, seeking exemption from filing original/certified copies and permission to file and rely upon documents without proper margins, handwritten documents etc.

2. Exemption is granted, subject to all just exceptions.

3. Applicant shall file legible, clear, and translated copies of the documents, on which the plaintiff may seek to place reliance, before the next date of hearing.

4. Accordingly, the present application is disposed of.

I.A. 39674/2024 (Exemption from instituting Pre-Institution Mediation)

5. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.

6. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar Versus T.K.D. Keerthi, 2023 SCC OnLine SC 1382, and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption from attempting Pre-Institution Mediation, is granted.

7. Accordingly, the application stands disposed of.

I.A. 39677/2024 (Application seeking leave to file additional documents) 8. This is an application under Order XI Rule 1(4) read with Section 151 CPC as amended by the Commercial Courts Act, 2015, seeking leave to file additional documents.

9. The plaintiff, if wishes to file additional documents at a later stage, shall do so strictly as per the provisions of Commercial Courts Act, 2015, and the Delhi High Court (Original Side) Rules, 2018.

10. The application is disposed of, with the aforesaid directions.

I.A. 39673/2024 (Exemption from advance service to the defendants)

11. The present is an application under Section 151 CPC, seeking dispensing with the requirement of advance service of paper book to the defendants as per Delhi High Court Practice Direction dated 03rd December, 2019.

12. The plaintiff seeks urgent interim relief, and has also sought appointment of a Local Commissioner. Therefore, in the peculiar facts and circumstances of this case, exemption from effecting advance service upon the defendant, is granted.

13. For the reasons stated in the application, the same is allowed and disposed of.

I.A. No. 39675/2024 (Application seeking leave to file confidential information in a sealed cover)

14. The present is an application under Section 151 CPC seeking leave to file confidential information in a sealed cover.

15. Considering the formal nature of the application, the present application is allowed.

16. Leave is granted to the plaintiff to file confidential data in a sealed cover envelope.

17. The Registry is directed to take the same on record.

18. With the aforesaid directions, the present application is disposed of.

19. Let the plaint be registered as suit.

20. Upon filing of the process fee, issue summons to the defendants by all permissible modes. Summons shall state that the written statement be filed by the defendants within thirty days from the date of receipt of summons. Along with the written statement, the defendants shall also file affidavit of admission/denial of the plaintiff’s documents, without which, the written statement shall not be taken on record.

21. Liberty is given to the plaintiff to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiff, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.

22. List before the Joint Registrar (Judicial) for marking of exhibits, on 14th November, 2024.

23. List before the Court on 14th January, 2025.

I.A. No. 39671/2024 (Application under Order XXXIX Rules 1

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