Telangana High Court
M/S. Wegofin Digital Solutions Private ... vs M/S. Open Financial Technologies ... on 25 October, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
COMCA No.26 of 2024
JUDGMENT:
(per the Hon'ble the Chief Justice Alok Aradhe)
Mr. L. Ravichander, learned Senior Counsel represents
M/s.Lakshmikumaran & Sridharan, learned counsel for the
appellant.
Mr. Harshavardhan Abburi, learned counsel appears for
the respondent.
2. With the consent of learned counsel for the parties, this
appeal is taken up for final disposal.
3. This Appeal under Section 13 (1) of the Commercial
Court, Commercial Division and Commercial Appellate
Division of the High Court Act, 2015, has been filed against
the order dated 30.08.2024 by which the Court of the Special
Judge for Trial and Disposal of Commercial Disputes, Ranga
Reddy District at L.B. Nagar (hereinafter referred to as 'the
Commercial Court'), has granted an ex parte order of
ad interim injunction in the Interlocutory Application filed by
CJ & JSR, J
the respondent/plaintiff restraining the appellant from
launching of showcasing the infringing material on the website
or at Global Fintech Fest or any other forum pending disposal
of the suit.
4. Facts giving rise to filing of this appeal briefly stated are
that the appellant is in the business of providing technical and
commercial technology solutions and services including
end-to-end solutions to various entities including AI powered
Connected Banking, Disburse X (payout product), Acquire X
(merchant on boarding and transaction management product)
and issue X (Bank-side solution).
5. The respondent/plaintiff filed a suit seeking the relief of
permanent injunction restraining the defendant, its officers,
servants, agents and any person acting for and on behalf of the
defendant from using/reproducing/copying/editing in any form
whatsoever. Along with the plaint, an application for
temporary injunction was also filed.
CJ & JSR, J
6. The Commercial Court passed an order on 30.08.2024
which reads as under:
"Upon motion made unto this court by Harshvardhan
Abburi, Counsel for the Petitioner/Plaintiff and upon
perusing the affidavit of the petitioner and material papers
in support thereof, this court doth order to grant exparte ad-
interim injunction restraining the Respondent/Defendant
from continuing to showcase the infringing material on
their website or at Global Fintech Fest or any other forum,
till 10.09.2024."
7. The validity of the aforesaid ex parte interim order was
challenged in this appeal on the ground that the aforesaid
ex parte interim order has been passed without assigning any
reasons.
8. Thereupon, a Bench of this Court by an order dated
24.09.2024 admitted the appeal and suspended the impugned
order passed by the Commercial Court.
9. Thereafter, another order was produced on behalf of the
respondent which was passed on the same date i.e.,
30.08.2024. The aforesaid order is a speaking order in which
reasons have been assigned. Thus, it is evident that the learned
Judge of the Commercial Court passed two orders on the same
CJ & JSR, J
day i.e., 30.08.2024 on I.A.No.355 of 2024 in C.O.S.No.23 of
2024. Both the orders are at variance with each other. The
Registrar (Judicial) is directed to put up this matter on the
administrative side before the Chief Justice.
10. Learned Senior Counsel for the appellant submitted that
the cause in the aforesaid suit does not survive for
consideration and therefore, the plaint itself be rejected.
11. On the other hand, learned counsel for the respondent
has supported the order passed by the Commercial Court.
12. We have considered the rival submissions made on both
sides.
13. The ex parte ad interim order was passed on 30.08.2024.
Thereafter, the appellant has been served with the notice.
Therefore, in the peculiar facts of the case, both the orders
dated 30.08.2024 passed in I.A.No.355 of 2024 in
C.O.S.No.23 of 2024 by the Commercial Court are hereby set
aside. The appellant undertakes to file counter to the
application seeking temporary injunction within one week
CJ & JSR, J
from today. The Commercial Court thereafter shall hear the
parties and decide the application by a speaking order within a
period of one week thereafter.
14. Accordingly, the appeal is disposed of. Needless to state
that it will be open for the appellant to raise the issue with
regard to the maintainability/continuance of the suit before the
Commercial Court.
Miscellaneous applications, if any pending, shall stand
closed. There shall be no order as to costs.
___________________
ALOK ARADHE, CJ
____________________
J. SREENIVAS RAO, J
25th OCTOBER, 2024.
Note: issue Certified Copy today.
kvni
