Poonam Jaidev Shroff v. Jaidev Rajnikant Shroff And 3 ORS. And Hathway Cable And Datacom Pvt. Ltd. (Prop. Defendant)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.465 OF 2017 WITH NOTICE OF MOTION NO.342 OF 2017 IN SUIT NO.99 OF 2017 Poonam Jaidev Shroff )....Applicant/Plaintiff V/s.

Jaidev Rajnikant Shroff & Ors.

)....Defendants And Hathway Cable & Datacom Pvt. Ltd.

)....Respondent ---- Mr.Swanand Ganoo I/by HK Law Associates for plaintiff/applicant. Mr.Sameer Singh a/w Ms.Siddhi Doshi I/by ALMT Legal for defendant no.1.

Mr.Priyank Kapadia a/w Ms.Akshita Bhargava I/by M.Mulla Associates for defendant no.4.

Mr.Aziz Shaikh I/by S.Mahomedbhai and Co. for proposed defendant no.6.

---- CORAM : K.R.SHRIRAM,J DATE : 14.1.2019 P.C.:- CHAMBER SUMMONS NO.465 OF 2017 Mr.Ganoo for the applicant seeks leave to withdraw the Chamber summons. Chamber summons dismissed as withdrawn.

2/3 NOTICE OF MOTION NO.342 OF 2017 Mr.Ganoo for plaintiff/applicant states that the Notice of Motion was disposed as against defendant nos.1 & 4 pursuant to the order dated 27.4.2017. Mr.Ganoo states that defendant no.4 has complied with the directions given in paragraph-4 of the order dated 11.1.2017, except on the issue as to whether defendant no.4 can submit IP addresses which belong to places outside India viz. Romania and UAE. Based on those disclosures, certain investigations are going on and as and when something more comes up, plaintiff will move the Court for appropriate reliefs. Mr.Ganoo states therefore, for the moment, the Notice of Motion can be disposed against defendant nos.2 & 3 as well in terms of order dated 11.1.2017. Others have no objection.

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In the circumstances, Notice of Motion is disposed also against defendant nos.2 & 3 in terms of the order dated 11.1.2017 with liberty to plaintiff to move the Court if they are able to obtain any further details against defendant nos.2 & 3. This can be considered at the time of hearing and final disposal of the suit. The right of plaintiff to seek disclosure of IP addresses from laces outside India, viz. Romania and UAE from defendant no.4 is also kept open.

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Notice of Motion disposed accordingly. After completion of records, defendant no.4 may file the affidavit in reply in the registry. SUIT NO.99 OF 2017 Stand over to 8.2.2019 for directions.

2.

All the defendants to file written statement and serve a copy upon plaintiff by 7.2.2019.

(K.R.SHRIRAM,J)