Copyright Suit Cannot Be Dismissed For Local Commissioner Visiting Additional Premises: Delhi High Court

The Delhi High Court has ruled that a copyright suit cannot be dismissed merely because the Local Commissioner appointed visited the additional premises beyond judicial mandate.

A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said that it is normal for a court to authorise the Local Commissioner not only to visit the premises disclosed in the plaint but also any other premises at which infringing goods may be found to be present.

The Court was dealing with an appeal in a copyright and designs suit, wherein the Commercial Court dismissed the suit on the sole ground that the Local Commissioner who was appointed in the matter had visited two premises of the defendant, though she was directed only to visit one.

Observing that the impugned order could not be sustained even for a minute, the Bench asked the counsel for the respondent-defendants as to whether there is any provision of the Code of Civil Procedure, 1908, under which such an order could have been passed.

Noting that the counsel was unable to refer to any such provision, the Court said:

“We, too, are unaware of any provision under which, because an LC visits premises other than which she, or he, is required to visit, the suit of the plaintiff could be dismissed.”

It further said that the impugned order made adverse observations against the appellant-plaintiffs and their counsel as well as the Local Commissioner, and returned findings of collusion between the local commissioner and the lawyer without an iota of supportive material.

“We record our unhappiness at the findings of the learned Commercial Court, insofar as they are adverse to the Counsel appearing for the appellants, the LC and allege collusion between them. We find no basis whatsoever to support the finding of collusion. The said findings, accordingly, stand expunged,” the Court said while allowing the appeal.