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2022 DIGILAW 330 (DEL)

Elsevier Ltd. v. Alexandra Elbakyan

2022-02-10

C.HARI SHANKAR

body2022
ORDER IA 2286/2022 (Section 151 CPC for exemption) 1. Allowed, subject to all just exceptions. 2. The application is disposed of. IA 2285/2022 (Order I Rule 8A CPC) 3. This is an application by three researchers, claiming to be eminent persons in their respective fields, for permission to intervene in the present proceedings. They have moved this Court under Order I Rule 8A of the Code of Civil Procedure, 1908 (CPC). 4. Order I Rule 8 A of the CPC reads thus: "8A. Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings - While trying a suit, the Court may, if satisfied that a person or body of persons is interested in any question of law which is directly and substantially in issue in the suit and that it is necessary in the public interest to allow that person or body of persons to present his or its opinion on that question of law, permit that person or body of persons to present such opinion and to take part in the proceedings of the suit as the Court may specify." 4. I have heard Mr. Devashish Bharuka, learned Counsel for the applicants. 5. The lis, in the present case, deals with an alleged infringement of copyright, stated to be held by the plaintiffs in certain works which, according to the averments in the plaint, are being disseminated over the internet without permission of the plaintiffs. 6. To a query from the Court as to why the present applicants desire to intervene in these proceedings, Mr. Bharuka submits that the works in question are works which are of use to several researchers including his clients and that if they are taken off the internet, it would have a deleterious impact on public interest. 7. That, by itself, in my view, cannot constitute a basis to allow a third party to intervene in the proceedings in such a fashion. If the material in question is infringing, it would have to be taken off and if the consequence is that it becomes unavailable to persons who were making use of such material, that is but a consequence which follows in law, and cannot be a basis for such persons to intervene in the litigation which is in the nature of a lis inpersonam. 8. Mr. 8. Mr. Bharuka points out that earlier applications, for such intervention, are pending. 9. It is observed that only notices stand issued on such applications. Mr. Sibal, learned Senior Counsel for the plaintiffs, submits that by way of response to the notices, the locus of such proposed interveners has been squarely challenged by the plaintiffs. 10. In my view, such intervention cannot be permitted under Order I Rule 8A of the CPC. If such intervention is permitted, it would be a carte blanche for persons, who claim to be beneficiaries of material which is alleged to be infringing in nature, to start intervening in the infringement proceedings, which would seriously impact the prosecution of the proceedings in the Court. 11. In view thereof, I am of the opinion that no case for permitting intervention, by the applicants in the present lis is made out. The application is, accordingly, rejected. 12671/2020 (Section 151 CPC) 12. This is an application under Section 151 CPC preferred by the plaintiffs for permission to place certain documents in sealed cover. 13. Permission as sought is granted. The application is allowed. The documents may be furnished in the sealed cover to the Registry of this Court. IA 12672/2020 (Section 80) 14. This application has become infructuous and is disposed of as such. IA 198/2021 (Section 151 CPC) 15. Allowed, subject to all just exceptions. 16. The application is disposed of. IA 3492/2021 (Order XI Rule 1(10)CPC) 17. This is an application by Defendant 1 to place additional documents on record under Order XI Rule 1(10) of the CPC. 18. Mr. Amit Sibal, learned Senior Counsel for the plaintiffs, on instructions, does not oppose the application. 19. Accordingly, the application is allowed. Documents are taken on record. IA 8366/2011 (Order I Rule 10 CPC) 20. There is no appearance on behalf of the applicant in this application. The application is dismissed for non-prosecution. IA 14909/2021 (exemption) 21. Allowed, subject to all just exceptions. 22. The application is disposed of. IA 14908/2021 [Order I Rules 8a and 10(2)] 23. This application is stated to be listed before the Joint Registrar. Accordingly, no orders are required to be passed today. CS(COMM) 572/2020, IA 12668/2020 (Order XXXIX Rules 1 and 2 CPC), IA 590/2021 (Order I Rule 8A CPC) and IA 197/2021 (Order I Rule 10(2) CPC) 24. Renotify on 4th March, 2022. This application is stated to be listed before the Joint Registrar. Accordingly, no orders are required to be passed today. CS(COMM) 572/2020, IA 12668/2020 (Order XXXIX Rules 1 and 2 CPC), IA 590/2021 (Order I Rule 8A CPC) and IA 197/2021 (Order I Rule 10(2) CPC) 24. Renotify on 4th March, 2022. Understanding to continue till the next date of hearing.