Dismissed

Harshal Vikrambhai Patel & Anr. v. Galactus Funware Technology Private Limited & Ors.

Delhi HC15 Apr 2024FAO(OS) (COMM)/95/2023

Case brief

AI extract

What is this about?

A bench of two judges disposed of three appeals by held that they were rendered infructuous. The court observed that since the second respondent had discontinued the contested platform, no justification existed to decide questions of law on merits.

What did the court decide?

The appeals were disposed of as infructuous; all rights and contentions were kept open.

Harshal Vikrambhai Patel & Anr. Vs Galactus… — Contract and Commercial Disputes | Delhi HC (2024)

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$~1-3(SB)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO(OS) (COMM) 95/2023, CM APPL. 24320/2023 (Direction), CM APPL. 42476/2023

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HARSHAL VIKRAMBHAI PATEL & ANR. ..... Appellants

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Through: Ms. Ruby Singh Ahuja and Mr. Vasu Singh, Advs.

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versus

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GALACTUS FUNWARE TECHNOLOGY PRIVATE LIMITED & ORS. ..... Respondents

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Through: Ms. Raj Latha Kotni, Ms. Swagita Pandey, Ms. Chahat Raghav, Mr. Anirudh Ramanathan and Ms. Ananya Singh, Advs. for R-1.

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Mr. Amit Sibal, Sr. Adv. with Mr. Maanav Kumar, Ms. Bijaharini G., Mr. Rishab Sharma and Mr. Saksham Dhingra, Advs. for R-2.

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Mr. Abhishek Malhotra, Mr. Kartikay Dutta, Mr. Talluri Srikrishna and Mr. Raghav Shukla Advs. for Intervenors - Winzo Games Private Ltd.

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Mr. Aditya Gupta, Adv. for All India Gaming Federation.

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FAO(OS) (COMM) 96/2023, CM APPL. 24328/2023 (Interim Injunction), CM APPL. 24331/2023, CM APPL. 42599/2023 (Intervention), CM APPL. 47642/2023 (Intervention), CM APPL. 53546/2023 (Addl. Document)

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:42:55

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DIGITAL COLLECTIBLES PTE LTD. AND ANR.

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..... Appellants

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Through: Mr. Neeraj Kishan Kaul, Sr. Adv. with Ms. Shwetashree Majumdar, Mr. Aditya Verma, Mr. Prithvi Singh and Mr. Rigved Prasad, Advs.

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Versus

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GALACTUS FUNWARE TECHNOLOGY PRIVATE LIMITED AND OTHERS ..... Respondents

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Through: Ms. Raj Latha Kotni, Ms. Swagita Pandey, Ms. Chahat Raghav, Mr. Anirudh Ramanathan and Ms. Ananya Singh, Advs. for R-1.

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Mr. Amit Sibal, Sr. Adv. with Mr. Maanav Kumar, Ms. Bijaharini G., Mr. Rishab Sharma and Mr. Saksham Dhingra, Advs. for R-2. Ms. Ruby Singh Ahuja and Mr. Vasu Singh, Advs. for R-3 and R-4.

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Mr. Kushal Kumar, Mr. Ravi Goyal, Mr. Akash Deep Gupta and Mr. Suryansh Gaur, Advs. for Intervenor– Fancraze.

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Mr. Abhishek Malhotra, Mr. Kartikay Dutta, Mr. Talluri Srikrishna and Mr. Raghav Shukla Advs. for Intervenors - Winzo Games Private Ltd.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:42:55

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FAO(OS) (COMM) 97/2023, CM APPL. 24347/2023 (Direction), CM APPL. 42602/2023 (Intervention)

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MOHAMMED SIRAJ AND ANR. ..... Appellants

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Through: Mr. Utsav Trivedi, Ms. Manini Roy, Ms. Shivani Bhushan and Ms. Diksha Tyagi, Advs.

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Versus

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GALACTUS FUNWARE TECHNOLOGY PRIVATE LIMITED AND OTHERS ..... Respondents

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Through: Ms. Raj Latha Kotni, Ms. Swagita Pandey, Ms. Chahat Raghav, Mr. Anirudh Ramanathan and Ms. Ananya Singh, Advs. for R-1.

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Mr. Amit Sibal, Sr. Adv. with Mr. Maanav Kumar, Ms. Bijaharini G., Mr. Rishab Sharma and Mr. Saksham Dhingra, Advs. for R-2.

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Ms. Ruby Singh Ahuja and Mr. Vasu Singh, Advs. for R-4 and R-5.

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Mr. Abhishek Malhotra, Mr. Kartikay Dutta, Mr. Talluri Srikrishna and Mr. Raghav Shukla Advs. for Intervenors - Winzo Games Private Ltd.

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CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE DHARMESH SHARMA O R D E R % 15.04.2024

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We had in our order of 01 April 2024 taken note of the

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:42:55

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statement made by Mr. Amit Sibal, learned senior counsel appearing for the second respondent, and who had stated that the said respondent had discontinued and closed all games, features and marketplace services connected with the Striker Platform.

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Viewed in that backdrop, we had expressed our prima facie opinion that the appeal, for all practical purposes, had been rendered infructuous.

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Mr. Kaul, learned senior counsel who has appeared today in support of the FAO(OS) (COMM) 96/2023, however contends that although such a statement has been made by the second respondent, respondent no.1 had not made any submission on identical lines. Mr. Kaul also sought to underline the importance of some of the questions which have come to be decided by the impugned judgment and the far reaching ramifications that it may have on other like matters.

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We are however of the opinion that since the question of grant or refusal of injunction, and which forms the core of the appeal before us itself no longer survives there would be no justification for us to consider the questions of law which are raised in a vacuum. The appeals are clearly rendered infructuous and would merit being disposed of in light of the change in circumstances.

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We also bear in consideration that the judgment which was impugned before us was one which was made in the context of an application referable to Order XXXIX Rule 1 of the Code of Civil Procedure, 1908 and would, as is well settled, in any case neither operate as res judicata nor constitute a precedent.

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All that we need observe is that all rights and contentions of respective parties including those who had sought intervention in these proceedings are kept open. We also preserve the right of the

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:42:55

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appellants to seek revival of its challenge in case the second respondent were to relaunch the Striker Platform.

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We also take on board the statement made by Mr. Sibal that in case the second respondent decides to relaunch the platform, it will accord a notice of at least two weeks to the appellants.

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YASHWANT VARMA, J

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DHARMESH SHARMA, J

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APRIL 15, 2024

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neha

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:42:55

Harshal Vikrambhai Patel & Anr. v. Galactus Funware Technology Private Limited & Ors.

Case brief

What is this about?

What did the court decide?

Harshal Vikrambhai Patel & Anr. v. Galactus Funware Technology Private Limited & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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