Thursday, February 29, 2024

Copyright infringement case: Bombay High Court allows Just Dial to approach TDSAT against Indiamart

The Bombay High Court has permitted search engine Just Dial Ltd to approach the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) for directions to Indiamart Intermesh Ltd to provide documents and data related to the copyright infringement case.

The Division Bench of Justices K.R. Shriram and Abhay Ahuja passed this order on August 4, while hearing a petition filed by Just Dial Ltd & Ors.

Padmaja Dholkia, Counsel for Google LLC, stated that the proposed respondent in this interim application is Google India Private Limited, whereas it should be Google LLC, a company operating under the laws of Delaware.

Senior Advocate Aabad Ponda sought leave to amend the interim application to include Google LLC as proforma respondent, which was granted.

Dholkia stated that in the meanwhile, she shall also take instructions on whether she could appear for Google LLC and accept service on their behalf.

Sanjay Jain, Counsel for Just Dial Ltd, said that Indiamart Intermesh Ltd in their interim application in para 10(g) stated that as per Indiamart internal process, a cleanup process periodically takes place and various information uploaded by its users/suppliers are deleted by applicant’s systems.

Jain stated that Just Dial Ltd has filed an interim application, wherein it has sought general relief to direct Indiamart Intermesh Ltd to submit relevant documents, details of which are specified in email dated March 24, 2021.

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“Since there is an appeal pending before the TDSAT, Just Dial Ltd may apply to TDSAT to direct Indiamart Intermesh Ltd to provide all documents and also direct Indiamart Intermesh Ltd to provide the data, which they are deleting under their internal process. If such an application is filed, the TDSAT(Telecom Disputes Settlement and Appellate Tribunal) may consider the same on its own merits (we are not expressing any opinion) and dispose of the same expeditiously,” the Court said.

“In view of the above, Interim Application No.1357 of 2021 stands disposed of. Interim Application No.1509 of 2021 be listed for hearing on 25th August 2021 along with Appeal,” the Court ordered.


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