Calcutta High CourtIndian Explosives Pvt Ltd vs Ideal Detonators Pvt Ltd And Ors on 27 March, 2023Author:Ravi Krishan KapurBench:Ravi Krishan KapurODC- 3\n                              IA NO. GA/1/2023\n                                In CS/48/2023\n                      IN THE HIGH COURT AT CALCUTTA\n                    ORDINARY ORIGINAL CIVIL JURISDICTION\n                                ORIGINAL SIDE\n                            [Commercial Division]\n\n\n                         INDIAN EXPLOSIVES PVT LTD\n                                    Vs\n                     IDEAL DETONATORS PVT LTD AND ORS\n\n\nBEFORE:\nThe Hon'ble JUSTICE RAVI KRISHAN KAPUR\nDate : 27th March, 2023.\n                                                                                Appearance:\n                                                                Mr. Ranjan Bachawat, Adv.\n                                                         Mr. Rudraman Bhattacharyya, Adv.\n                                                                  Mr. Rajdeep Mantha, Adv.\n                                                          Mr. Subhankar Chakraborty, Adv.\n                                                                  Mr. S. Bhattacharjee, Adv.\n                                                                               ...for plaintiff\n\n                                                                 Mr. Chittapriya Ghosh, Adv.\n                                                                          Ms. A. Gupta, Adv.\n                                                                            ...for respondent.The Court:-Affidavit of Service filed by the petitioner be kept with the records.\n\n      None appears on behalf of the respondent nos. 2 to 7 nor is any adjournment\n\nprayed for on their behalf.This is a suit inter-alia for breach of confidentiality and for infringement of\n\ncopyright.The plaintiff is inter-alia engaged in the business of industrial explosives.\n\nThe plaintiff also manufactures shock tube explosives. A shock tube is used to\n\nconvey a detonation signal to a detonator and is used in explosives. It is contended\n\nthat the shock tubes cannot be replicated by any party without the drawings being2replicated or copied in two dimensional forms before producing the three\n\ndimensional object. Such drawings are artistic works and fall within the purview ofCopyright Act1957. The petitioner is the owner of the copyright in such drawings\n\nand protected under theCopyright Act1957.The petitioner has also acquired significant goodwill as a manufacturer of\n\nshock tube detonators. The manufacturing process of the petitioner is morefully\n\ncontained in a series of documents/diagrams particulars whereof are morefully set\n\nout at paragraph 5 of the petition.It is alleged that the defendant no. 2 during the course of employment had\n\nstolen confidential information and drawings pertaining to manufacture of inter-\n\nalia shock tube detonators and morefully sold the same to the respondent no.1 for\n\ngains. By disclosing the confidential and proprietary information and trade secrets\n\nof the petitioner, the respondent no.2 has also committed breach of trust.\n\nThereafter, in collaboration with the respondent no.1, the respondent no.2 has also\n\nopened a competitive plant and is manufacturing shock tubes through the\n\nrespondent no.3. It is further alleged that respondent nos. 4 & 5 in collusion with\n\nrespondent no.1 have raised invoices on respondent no.3 with the oblique purpose\n\nof receiving illegal commissions for and on behalf of the respondent no.2. It is\n\nfurther contended that upon investigation it was discovered that several mails,\n\ncorrespondence and communications are available to demonstrate the ill motive\n\nand mala fide intention of the respondents to infringe upon the exclusive rights of\n\nthe petitioner.The respondent no.1 is represented. An adjournment is sought for on behalf\n\nof the respondent no.1 on the ground that they are yet to file their Vakalatnama.3The respondent undertakes to file the Vakalatnama by 29 March, 2023. It is\n\nfurther submitted on behalf of the respondent no. 1 that he have no intention to\n\ndisclose nor transfer the information morefully mentioned in paragraph 5 of the\n\npetition to any other third party.Prima facie, I find the involvement of the respondents is setting up of a rival\n\nplant and the unauthorized use of drawings and other documents of the plaintiff\n\nand the confidential information of the plaintiff particulars whereof appear at\n\nparagraph 5 of the petitioner.I also find that the plaintiff has a strong prima facie case on merits. The\n\nbalance of convenience and irreparable injury is also in favour of orders being\n\npassed as prayed for herein.In view of the submissions made on behalf of the respondent no.1 and the\n\nfact that there is prima facie evidence of the respondent nos. 2 to 7 of having acted\n\nin concert, the respondents are restrained from transferring, disclosing the\n\ninformation morefully mentioned in paragraph 5 of the petitioner till the returnable\n\ndate.Let this matter appear on 30 March, 2023.In the meantime, the petitioners are directed to serve a copy of this order\n\nand the notice on all the respondents and file Affidavit of Service on the returnable\n\ndate.(RAVI KRISHAN KAPUR, J.)\n\n\nSK.