RAMESHWAR MATE Vs. PYROTEK INDIA PVT. LTD.

JUDGEMENT

(1.) These Appeals are filed under the provisions of Sec. 13(1-A) of the Commercial Courts Act, 2015 challenging the order dtd. 19/7/2022 passed by the learned District Judge, partly allowing Plaintiff's application for temporary injunction. The learned District Judge has temporarily restrained Defendant Nos.1 to 5 from further disclosing and using Plaintiff's confidential information and data acquired by them during the course of employment with the Plaintiff. Defendants are further restrained temporarily from using Plaintiff's copyrighted engineering drawings for manufacturing and/or marketing and/or publishing information about the Defendants' impugned products. Defendants are further restrained temporarily from using the Plaintiff's copyrighted engineering drawings for manufacturing and/or marketing any of the products so as to infringe Plaintiff's copyright in engineering drawings.

(2.) The Appellants in Commercial Appeal from Order No.16/2023 are Defendant Nos.1 and 6 in Special Civil Suit No.1/2020. Appellant in Commercial Appeal from Order No.14/2022 is Defendant No.2 in the said Suit. Respondent No.1 is the Plaintiff in the Suit.

(3.) Plaintiff's case is that it is the owner of copyright in engineering drawings prepared by Defendant Nos. 1 to 5. Defendant Nos. 1 to 5 are ex-employees of the Plaintiff. Defendant No.6 is the company of Defendant No.1. Defendant No.7 is the marketing agent of Defendant No.6. Plaintiff manufactures customized products on the basis of drawings prepared by its employees. It is Plaintiff's case that after resigning from Plaintiff's job, Defendants are manufacturing and selling products made on the basis of Plaintiff's drawings and are thus infringing Plaintiff's copyright in engineering drawings. Plaintiff has accordingly filed Special Civil Suit No. 1/2020 seeking various declaratory and injunctive reliefs for restraining the Defendants from using Plaintiff's copyrighted engineering drawings for manufacturing or marketing them as Defendants' impugned products. Plaintiff has also sought decree in the sum of Rs.66,04,195.00 for fraudulent and malicious use of Plaintiff's copyright material in addition to damages of Rs.1.00 crores. In the suit, Plaintiff filed application for temporary injunction at Exhibit-5 to restrain the Defendants from disclosing Plaintiff's confidential information and using copyrighted engineering drawings. The application was resisted by the Defendants by filing their reply. After hearing both the sides, the learned District Judge has allowed Plaintiff's application for temporary injunction vide order dtd. 19/7/2022, which is the subject matter of challenge in the present Appeals.