Bombay High Court tells Just Dial to approach TDSAT for data from Indiamart in copyright infringement case

The Bombay High Court on Wednesday granted liberty to Just Dial Ltd. to approach the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) for directions to Indiamart Intermesh Ltd. to provide documents and data in relation to a copyright infringement case between the two. (Just Dial Ltd. & Ors. v. Indiamart Intermesh Ltd. & Ors.).Just Dial had filed the application in an appeal challenging the order of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) of April 5, 2, 2021, staying proceedings that alleged contraventions of the Information Technology Act.The issue before the Appellate Court is that of unauthorised access of the database of Just Dial and source code theft under Information Technology Act..The application sought for an interim stay on the AO's order and directions urged that Indiamart be directed to submit the relevant documents as asked by Just dial. It raised apprehension that Indiamart may be deleting data and hence sought for urgent relief..Advocate Sanjay Jain, appearing for Just Dial stated that as per their internal process, a cleanup process periodically takes place and various information uploaded by its users/suppliers are deleted by applicant’s systems..After briefly hearing the parties briefly, the Bench of Justices KR Shriram and Abhay Ahuja noted that there was an appeal pending before the TDSAT. .The Court observed that Just Dial could apply to the Tribunal so that it may direct Indiamart to provide all documents and data, which Just Dial claimed Indiamart was deleting under their internal process..The Court also directed the Tribunal to consider the application on its merits as expeditiously as possible. .Indiamart was one of India's largest online business to business (B2B) marketplace and informational hub for small and medium enterprises.When Just Dial was about to launch its standalone B2B online marketplace, JD Mart, Indiamart visited the beta version of the website as a regular industry practice.It alleged that Just Dial's beta version had engaged in en masse copying of proprietary and copyrighted material, thereby infringing the Indiamart's intellectual property rights.Therefore, a copyright infringement suit was instituted in the Delhi High court against Just Dial and an ex-parte ad-interim injunction was granted by the Court..Just Dial filed a complaint before the Adjudicating Officer (AO) under the IT Act for alleged data theft. Relying upon the AO's order, Just Dial called upon Indiamart to furnish certain documents to them for inspection..The AO's order was challenged before the TDSAT which stayed the proceedings and the order of the AO.The present appeal before the Bombay High Court was filed challenging the TDSAT's order. However, the High Court refused to intervene in TDSAT's order.Just Dial further filed an affidavit seeking urgent hearing claiming that Indiamart was deleting data required for investigation, allegedly without furnishing any documents in support of the claim..Indiamart also approached the Bombay High Court alleging that Just Dial had filed false and fabricated documents in relation to an appeal filed in a copyright infringement case initiated by Indiamart.In its application, Indiamart claimed that the documents were filed by Just Dial without a certificate under Section 65B of the Evidence Act, which was a pre-condition for admission of any electronic records..Indiamart claims Just Dial submitted false evidence in copyright infringement case, Bombay High Court seeks reply.The Bench is set to hear that application on August 25, 2021. .[Read order]