Tendernews.Com Thr Mr Rakesh Kalia (Sole Proprietor) v. 3Sg Online Inc. & Ors

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17.07.2013 CM APPL.10672/2013 (exemption) Allowed, subject to just exceptions. FAO (OS) 317/2013 The appellantis aggrievedby an order dated 9.7.2013by which learned Single Judge issued notices in the suit on various applications including the application for appointment of Local Commissioner - I.A. 10603/2013. It is contended that the element of surprise which is so essential in such matters would be completely lost if notices were to be served and a Local Commissioner appointed thereafter. Learned counsel emphasized that the defendants/respondents were former employees of the plaintiff as well as the vendor of its hardware Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. / ^ i-who are now unauthorizedly using its software and source code. It was submitted that in these circumstances, the exparte order ought to be made. Learned counsel rehes upon the decision of this Court in AutodeskINC. V. A. V.T. Shankardass AIR 2008 Del 167. ; This Court is of the opinion that there is some merit in the appellant'sarguments. However,it would not be appropriatefor this Court to issue orders sought for especially in view of restricted nature of its appellatepowerinsteadit wouldbe appropriatetorthe appellant to approach the learned Single .Tudge with a suitable application drawing notice of the Court to the Division Bench's decision in Autodesk INC matter (supra) which he would doubtless take into consideration while making appropriate orders. The appealis disposedof in the aboveterms. Order dasti under the signatures of Courtmaster. S. RAVINDRA BHAT, J 7^ NAJMI WAZIRI, J JULY 17, 2013 /vks/

p • * I $-18 IN THE HIGH COURT OF DELHI AT NEW DELHI FAO (OS) 317/2013 CM APPL. 10672/2013 I'RNDEIWEWS.COM THR MR I^KliSH KALIA (SOLE PROPRIETOR) Appellant Through: Mr. Pradeep Dhingra, Advocate. versus 3SG ONLINE INC. & ORS Respondents Through: None. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI