Olx India Pvt Ltd v. Triumphant Institute Of Management Education Pvt Ltd And ANR

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA(OS) 79/2016 OLX INDIA PVT LTD ..... Appellant Represented by:

Mr.Abhinay, Advocate versus TRIUMPHANT INSTITUTE OF MANAGEMENT EDUCATION PVT LTD AND ANR ..... Respondents Represented by:

Mr.Robin Kootwal, Advocate with Ms.Namrita Kochhar, Advocate

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 05.10.2016 CM No.37307/2016 Allowed subject to just exceptions.

RFA(OS) 79/2016 1.

Notice.

2.

Counsel as above accepts notice on behalf of respondent No.1 : plaintiff.

3.

Learned counsel for the respondent No.1 concedes that in view of the pleadings in the plaint and keeping in view the averments against the appellant (impleaded as defendant No.4 in the suit), relief which could be granted was in terms of prayer 'C' and not prayers 'A' and 'B'. The reason RFA(OS) 79/2016

being defendant No.4 being intermediary as per Section 79 of the Information Technology Act, 2000.

4.

In that view of the matter the appeal is disposed of at the admission stage itself modifying the impugned decree and decreeing suit against appellant in terms of prayer 'C' in the plaint, and simultaneously recording that it is the case of the appellant that after the infringing activity complained off was brought to its notice it removed the offending material posted on its website by defendant No.1 5.

No costs.

CM No.37306/2016 Since the appeal is disposed of at the admission stage itself instant application which seeks stay of the impugned decree qua prayers 'A' and 'B' in the plaint is disposed of as infructuous PRADEEP NANDRAJOG, J.

PRATIBHA RANI, J.

OCTOBER 05, 2016 'skb'

RFA(OS) 79/2016