Neutral Citation Number: 2022/DHC/004831

CS(COMM) 1146/2018 Page 1 of 24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(COMM) 1146/2018

EICORE TECHNOLOGIES PVT. LTD.

& ORS.

..... Plaintiffs

Through:

Mr.

Jayant

Mehta,

Senior

Advocate

with

Mr.

J.

Sai

Deepak,

Mr. Debarshi Dutta, Ms. Manvi Adlakha and

Mr. Amrit Singh, Advocates.

versus

EEXPEDISE TECHNOLOGIES PVT. LTD.

& ORS.

..... Defendants

Through:

Mr.

Anil

Sapra,

Senior

Advocate,

with

Ms.

Bitika

Sharma,

Ms. Vrinda Pathak and Mr. Vikram Singh

Dalai, Advocates for D-1 to D-7 and D-12 to

D-19.

Mr. Divyakant Lahoti and Mr. Parikshit

Ahuja, Advocates for D-8 and D-9.

Mr. R.R. Jangu, Advocate for D-10 and

D-11.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

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.

Digitally Signed

By:KAMAL KUMAR

Signing Date:22.11.2022

19:10:19

Signature Not Verified

Neutral Citation Number: 2022/DHC/004831

CS(COMM) 1146/2018 Page 2 of 24

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

Digitally Signed

By:KAMAL KUMAR

Signing Date:22.11.2022

19:10:19

Signature Not Verified

Neutral Citation Number: 2022/DHC/004831

CS(COMM) 1146/2018 Page 3 of 24

entirely generated from IT support services provided by the Defendant

No. 1.

(b) Similarly, audited financial statements of the Defen