DIGITAL FILING SYSTEM INC Vs. AKHILESH AGARWAL

JUDGEMENT

(1.) Whether this Court or for that matter any Civil Court in India could injunct a person from pursuing his lawfully instituted proceedings in a foreign Court and whether such injunction would amount to staying the proceedings of that Court are the interesting questions arising in this appeal.

(2.) The appeal is directed against an ex-parte interim order dated 27.7.2004 passed by the learned Trial Judge in respondent's suit No.1470/2002 and interim stay matter (IA No.2785/2003) directing appellant not to proceed any further in his case pending in the Court of Magistrate Judge PEPE, United States District Court at Michigan, USA.

(3.) The parties are involved in a dispute on infringement of copyright in software under the name 'DIGIFILE'. While Appellant has filed a suit at Michigan, USA seeking cancellation of US copyright registration obtained by the respondent, the respondent has also filed a declaratory and injunction suit in this regard along with an application under Section 39, Order 1 and 2 CPC for grant of an interim injunction restraining Appellant from proceeding in any manner with his case in the Michigan Court. This application appears to have been filed in the backdrop of the statement made by Appellant's counsel before the learned Trial Judge here on 10.4.2003 that appellant would not proceed with his case in the US District Court till the statement of one Harish Verma was recorded under Order 10, CPC in this Court. This statement was later extended till 29.10.2003 and yet appellant is said to have made a statement in the US District Court that suit filed by Respondent No.1 in this Court stood disposed of pursuant whereto US District Court resumed its proceedings in the Appellant's case.