Gemalto Terminals Pvt. Ltd. & Ors. vs Pine Labs Pvt. Ltd.
2009 Latest Caselaw 5085 Del

*            HIGH COURT OF DELHI : NEW DELHI

+          I.A. No. 14247/2009 and I.A. No. 14946/2009 in CS (OS)
           No. 2091/2009

     Gemalto Terminals India Pvt. Ltd & Ors.               ...Plaintiffs
                    Through : Mr. Sanjay Jain, Sr. Adv. with
                                 Ms. Charu Mehta, Ms. Deepali
                                 Liberahn and Ms. Prabsahay Kaur,
                                 Advs. for D-1
                                 Mr. Jagdish Sagar, Adv. for D-2
                                 Mr. Adhip Iyer and Mr. Praveen
                                 Aggarwal, Advs. for D-3

                                  Versus

     Pine Labs Pvt. Ltd.                                      ...Defendant
                      Through     : Mr. Naveen Goel and Mr.
                                    Mritunjaya Kumar, Advs.

Reserved on : November 25, 2009
Decided on : December 8, 2009

Coram:

HON'BLE MR. JUSTICE MANMOHAN SINGH

1. Whether the Reporters of local papers may
   be allowed to see the judgment?                       No

2. To be referred to Reporter or not?                    No

3. Whether the judgment should be reported
   in the Digest?                                        No

MANMOHAN SINGH, J.

I.A. No.14247/2009

1. The present suit has been filed by Gemalto Terminals India

Pvt. Ltd. who is defendant No.1 in suit No.1876/2009. The interim

application no. 14247/2009 filed by the plaintiff in the present suit under

Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 has

been heard along with the applications being I.A. No. 12825/2009, I.A.

No. 13130/2009 and I.A. No. 14570/2009 in suit no.1876/2009. The

order passed in those applications may be read as order in the present

application. The present application is, therefore, disposed of in view of

the order passed in these applications.

IA No.14247/2009 disposed of accordingly.

I.A. No. 14946/2009

2. The present application has been filed by defendant under

Section 10 read with Section 151 of the CPC for stay of the suit being a

subsequent suit on the same subject matter. It is an undisputed fact that

the subject matter in both the suits is the same. The MAIN distinction in

both matters is that both the parties are claiming their ownership in the

softwares, on the basis of various rival pleas raised by them in their

cases.

3. Since both the parties have filed counter suits against each

other and each party is claiming copyright in the softwares, therefore the

prayer made in the application for stay of the suit proceedings in the

present case cannot be granted. In the interest of the parties and to save

cost and time and in order to avoid conflicting orders, I am of the view

that the present suit be consolidated with the earlier suit CS (OS) No.

1876/2009 and the trial be recorded in suit No.1876/2009.

4. For the reasons given above, no further orders are required to

be passed. I.A. No. 14946/2009 is disposed of.

MANMOHAN SINGH, J.

DECEMBER 8, 2009