Just Dial Limited, Mumbai v. Indiamart Intermesh Limited, Uttar Pradesh And New Delhi And ORS.
by MEERA MAHESH JADHAV Date:
2021.08.04 16:39:08 +0530 1/3 MEERA MAHESH JADHAV
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1509 OF 2021 IN FIRST APPEAL ST. NO. 9515 OF 2021 Indiamart Intermesh Ltd.
....Applicant In the matter of Just Dial Ltd. & Ors.
....Appellant Vs.
Indiamart Intermesh Ltd. & Ors.
....Respondents WITH INTERIM APPLICATION NO.1357 OF 2021 IN FIRST APPEAL ST. NO.9515 OF 2021 Just Dial Ltd. & Ors.
....Appellant/Applicant Vs.
Indiamart Intermesh Ltd. & Ors.
....Respondents ---- Mr. Aabad Ponda, Senior Advocate a/w. Mr. Vikrant Singh Negi, Ms. Ekta Tyagi, Mr. Pratik Thakkar and Ms. Priyamvada Singhania i/b. DSK Legal for applicant in IA/1509/2021.
Mr. Sanjay Jain a/w. Mr. Anoshak Davar i/b. Harsh L. Behany for appellant in FAL/9515/2021/respondent in IA/1509/2021.
Ms. Padmaja Dholakia a/w. Ms. Charusila More i/b. Dholakia Law Associates for respondent no. 7 (proposed).
---- CORAM : K.R. SHRIRAM & ABHAY AHUJA, JJ.
DATED : 4th AUGUST 2021 P.C. :
INTERIM APPLICATION NO.1509 OF 2021 Ms Dholkia states that the proposed respondent in this interim
2/3 application is Google India Private Limited, whereas it should be Google LLC, a company operating under the laws of Delaware, having its office address at 1600 Amphithatre Parkway, Mountain View, CA 94043. Mr. Ponda seeks leave to amend the interim application to include Google LLC as proforma respondent. Leave to amend is granted. Amendment to be carried out during the course of this week. Ms Dholkia states, in the meanwhile, she shall also take instructions whether she could appear for Google LLC and accept service on their behalf.
Mr. Jain relies on paragraph 10(G) of the interim application where applicant has stated that as per its internal process, a cleanup process periodically takes place and various information uploaded by its users/suppliers are deleted by applicant's systems. Mr. Jain states that respondent no.1 has filed an interim application no.1357 of 2021, wherein respondent no.1 has sought general relief to direct Indiamart Intermesh Ltd. to submit relevant documents, details of which are specified in email dated 24th March 2021. 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 may consider the same on its own merits (we are not expressing any opinion) and dispose the same expeditiously.
In view of the above, Interim Application No.1357 of 2021 stands disposed.
3/3 Interim Application No.1509 of 2021 be listed for hearing on 25th August 2021 alongwith Appeal.
(ABHAY AHUJA, J.) (K.R. SHRIRAM, J.)