Madras High Court
Dynamic Source (S) Pte.Ltd vs Mr.Sulthan Akbar Basha on 27 August, 2021
C.S.(Comm.Div).No.348 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2021
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S(Comm.Div.).No.348 of 2019
1. Dynamic Source (S) PTE.Ltd,
No.20, Kaki Bukit Crescent,
Singapore – 416 251,
Represented by Power of Attorney Holder,
Mr.Ravindra Ramnatha Sinare.
2. Dynamic Source (I) Pvt. Ltd.,
No.813/25, Gleneden Place,
Poonamallee High Road,
Chennai – 600 010.
Represented by its Director,
Mr.Ravindra Ramnath Sinare ... Plaintiffs
Vs.
1. Mr.Sulthan Akbar Basha,
S/o.S.Akbar Basha, aged about 30 years,
Residing at 21 C, Pasuvathamman Koil Street,
Roshanani, Tindivanam – 604 001.
2. M/s.Zaibtronics,
C/o.Sulthan Akbar Basha,
No.500 B, KSAR Main Road,
Nellikuppam, Cuddalore District - 607 105.
3. Tresova Electronics Pvt Ltd.,
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C.S.(Comm.Div).No.348 of 2019
Represented by its Directors,
Noor Mohamed and Mohamedali Mumthaj Begum,
No.55, Visalakshi Nagar,
Santhosapuram, Chennai – 600 07. ... Defendants
Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original Side
Rules 1956 read with Order VII Rule 1 of the Code of Civil Procedure, 1908 read
with Section 61 and 62 of the Copyrights Act, 1957 read with Section 7 of the
Commercial Courts, Commercial Appellate Courts, Commercial Division and
Commercial Appellate Division of the High Court Act, 2015, praying for,
(a). Directing the Defendants to pay a sum of Rs. 25,00,000/- (Rupees
twenty five lakhs only) being restitution for unjust enrichment and restitution
along with future interest of 18% per annum from the date of filing of this suit till
the actual payment thereof;
(b). Directing the 1st Defendant to pay a sum of Rs.6,96,000/- (Rupees
Six Lakhs ninety six thousand only) as damages for breach of confidentiality
clause of the letter of appointment dated 13.12.2013 and a sum of Rs.78,000/-
(Rupees Seventy Eight Thousand only) which was illegally taken from the bank
account of the 2nd Plaintiff under the pretext of paying a terminated employee of
the 2nd Plaintiff along with 18% future interest per annum from the date of filing
of this suit till the actual payment thereof;
(c). Permanent injunction restraining the Defendants, their men,
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C.S.(Comm.Div).No.348 of 2019
directors, employees, agents, servants, representatives, or any person(s) acting on
their behalf from divulging or disseminating or otherwise exploiting the
copyrighted material belonging to the Plaintiffs as defined in Schedules III and V
of the plaint in any manner including but not limited to reproducing, issuing
copies of, communicating to the public, selling or public selling or offering for
sale, adaption, or infringing by any other means whatsoever, the Plaintiffs'
copyrighted work;
(d). Permanent injunction restraining the Defendants, their men,
directors, employees, agents, servants, representatives, or any person(s) acting on
their behalf from acting in any manner which could divulge and/or enable others
to divulge the Plaintiffs confidential information which are described in Schedules
III, IV, V and VI of the Plaint, and in each of the products and information
individually, specifically by reproducing, issuing copies of, communicating to the
public, selling or public selling or offering for sale, adaption, or infringing by any
other means whatsoever, the Plaintiffs' copyrighted work;
(e). Permanent Injunction restraining the Defendants, their men,
directors, employees, agents, servants, representatives, or any person(s) acting on
their behalf from directly or indirectly soliciting any of the customers/clients of the
Plaintiff set out in Schedule IV;
(f). Directing the Defendants to disclose in an affidavit the confidential
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C.S.(Comm.Div).No.348 of 2019
information/data and trade secrets, and any other such details pertaining to the
operation of the Plaintiff companies that are in the possession of the Defendants
which belong to the Plaintiffs and to return all such confidential information/ data
that are in possession of the Defendants to the Plaintiffs and to consequently
return all the confidential information/ data, trade secrets, and other such details in
whatever form that are stored by the Defendants, back to the Plaintiffs;
(g). Directing the 2nd defendant to disclose its books of accounts
including ledger accounts, balance sheets, bank statements and tax returns from
the financial year 2016-17 onwards for each financial year till the production of
such books of accounts;
(h). Directing the 3rd defendant to disclose its books of accounts
including ledger accounts, balance sheets, bank statements and tax returns from
the financial year 2018-19 onwards for each financial year till the production of
such books of accounts;
(i). Direct that the costs of the suit be paid by the defendants to the
plaintiffs.
For Plaintiff : Mr. Adarsh
For D1 : Mr.P.T.Rishikesh
For D2 : ex parte
For D3 : Mr.D.Praveen
JUDGMENT
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C.S.(Comm.Div).No.348 of 2019
(This case has been heard through video conference)
The learned counsel for the plaintiff reports that no instructions from his
client.
2. The 1st defendant has filed the written statement. The other two
defendants have so far not filed their written statements. The 2nd defendant was set
ex parte. The 3rd defendant entered appearance, but not filed any written statement.
3. Since the plaintiff has not shown any interest to proceed further, the
suit is dismissed for default. No costs.
27.08.2021
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DR.G.JAYACHANDRAN, J.
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C.S.(Comm.Div).No.348 of 2019
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C.S(Comm.Div.).No.348 of 2019
27.08.2021
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