IN THE HIGH COURT OF DELHI AT NEW DELHI
THE CHANCELLOR,MASTER and SSCHOLARS OF THE UNIVERSITY OF OXFORD and
ORS ..... Plaintiff
Through: Mr.Sandeep Sethi Sr.Adv.with Mr.SaiKrishna Raja Gopal, Adv.
RAMESHWARI PHOTOCOPY SERVICES and ANR ..... Defendant
HON'BLE MR. JUSTICE KAILASH GAMBHIR
O R D E R
IA No. 14634and 14637/2012(Under Order 13 Rule 1 and under Section 151 CPC)
Exemption as sought is allowed subject to plaintiff filing
the original documents before admission/denial of documents.
Let original documents be filed within a period of six weeks.
Application stands disposed of.
I.A. No. 14635/2012((S. 149 CPC)
Counsel for the plaintiff seeks time to deposit court fee.
Let the court fee be deposited by the plaintiff within a
period of eight weeks.
CS(OS) 2439/2012 and IA No. 14632/2012(O. 39 Rule 1and2)
Summons of the suit and notice of the application be sent
to the defendants by ordinary process, regd. A.D. covers, speed post
and through courier as well, returnable on 27.8.2012.
I.A. No.14633 /2012(under Order 26 Rule 9 CPC)
By this application filed under Order 26 Rule 9 r/w Order 39
Rule 7 and Section 151 of CPC, the plaintiff seeks appointment of a
Local Commissioner. Arguing the present application Mr.Sandeep Sethi,
Sr.Adv.for the plaintiff submits that defendant No.1 in a most
unauthorized and illegal manner is reproducing and issuing the
publication of the plaintiffs publications, by bringing out a compilation
called as ?Course Pack.? Counsel also submits that defendant No.1 has
been carrying out such illegal activities at the instance of defendant
No.2 at the premises of defendant no.1 itself. Counsel thus states that
it is imperative that infringing/ pirated copies found at the premises of
defendant be directed to be taken into the custody by the Local
Commissioner after making inventory of the such pirated copies. Counsel
also submits that the academic year has since started and therefore there
is all the more reason that defendant No.1 will make many such pirated
copies at the cost of revenue loss of the plaintiff. Accordingly, Tusha
Chawla, Contact No. 9871456909 Advocate is appointed as a Local
Commissioner, who shall visit the premises of the defendant No.1 situated
at Rameshwari Photocopy Service, Delhi School of Economics, University of
Delhi, Delhi without prior notice to the defendants. The Local
Commissioner shall make an inventory of all the infringing/ pirated
copies of the plaintiff?s publication, found at the premises of the
Defendant No.1 and /or upon any other related location; and seize and
seal the same and hand over the same to the defendants on Superdari. The
Local Commissioner shall be entitled to police assistance for the
execution of the commission and the local police of the said area are
directed to assist and cooperate with the Local Commissioner for the
smooth execution of the commission. The fee of the Local Commissioner is
fixed at 75000/- excluding out of pocket expenses to be separately borne
by the plaintiff.
The application stands disposed of in terms of the above
Dasti under the signatures of Court Master.
KAILASH GAMBHIR, J
AUGUST 14, 2012