MICHAEL HEATH NATHAN JOHNSON Vs. SUBHASH CHANDRA

JUDGEMENT

(1.) The plaintiff has filed the application for injunction restraining the defendants-respondents their servants and agents by an order of permanent injunction from in any manner directly and/or indirectly through themselves and/or through^ their business associates and/or other group of Companies in any manner disclosing, utilising, exploiting and/or implementing the SMPC system, having the characteristics identified in the Affidavit of the Applicant/Plaintiff annexed to the plaint (Annexure A), and based on the Applicant's valuable and unique confidential information; and to confirm the aforesaid order after hearing the parties. There are seven defendants in the suit. First defendant is contesting the case. 7th defendant Stephen Moss, without filing any reply to the application for injunction, has filed an affidavit in support of the first defendant.

(2.) I have heard learned Counsel for the plaintiff and the first defendant for a considerable length of time.

(3.) Mr. Ashok Desai, learned Senior Counsel, appearing for the plaintiff, started cerebral debate on Intellectual Property Rights. I heard him at length because of the attempt made by him collecting all facts in favour of his client presenting a configuration, as it were, of the various points in favour of the plaintiff to enable me to appreciate his arguments. Though at the first blush, I could not on a perusal of the plaint fully appreciate the case of the plaintiff, the dexterity and alacrity with which Mr. Ashok Desai, learned Senior Counsel made his submissions marshalling the facts, illumined the dark corners of the plaintiff's case. Though the arguments extended to a number of days, in the ultimate analysis the point distilled down to a very specific one. The same became discernible to me very early. The plaintiff's claim could be characterised even at the out set as something we try to spot in a milky way on a clear sky and something which cannot be easily comprehended or visualised in cyber space by a casual Observer. Mr. Ashok Desai, learned Senior Counsel made a full disquisition, as it were, on Satellite Mobile Personal Communication System (SMPC) ventri loquising what is stated by the plaintiff. The plaintiff claims to be a trendsetter in this type of technology bringing the peoples of the world closer over a hand set at moderate cost saving lot of time. When the space technology in the globe is in incandescent stage providing amenities to people which human ingenuity could not conceive of thus far, the plaintiff is trying to scuttle the attempt of the first defendant to do something with the able assistance of the U.S. Advance Technology Expertise. Though the plaintiff through a long plant has made an attempt to project himself as a reincarnation of great geniuses whose contribution had been the basis for the modem technological advance but analysis of the materials provided by the plaintiff do not show him in iridescent colours. The plaintiff expects a great nugget for his so called system conceived by him by a process of configuration and seeks to completely destroy all attempts of the first defendant to proceed with his work.