Shani Theresa Wallis Vs Mr. Jain Avneesh (Alias Avneesh Jain)

SHANI THERESA WALLIS D/O LATE JAMES JOHN WALLIS AGED ABOUT 66 YEARS 21001 N TATUM BLVD, STE 1630-274 PHOENIX ARIZONA 85050-4242 USA., REPRESENTED BY HER POA HOLDER MR. JAYANT AHUJA S/O LATE MR. PAWAN KUMAR AHUJA AGED ABOUT 43 YEARS RESIDING AT B 31/3847 NEAR GOVT. PRIMARY SCHOOL JAMALPUR AWANA, LUDHIANA-141 010 PUNJAB.

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…COMPLAINANT

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(BY MS. PREETI K., ADVOCATE)

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AND:

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MR. JAIN AVNEESH (ALIAS AVNEESH JAIN) AGED MAJOR, DIRECTOR CODEHALL TECHNOLOGY PVT. LTD. 91 SPRINGBOARD, 4^TH FLOOR GOPAL KRISHAN COMPLEX NO.45/3, RESIDENCY ROAD BANGALORE - 560 025.

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MS. SHWETA SINGHAI AGED MAJOR, DIRECTOR CODEHALL TECHNOLOGY PVT. LTD. 91 SPRINGBOARD, 4^TH FLOOR GOPAL KRISHAN COMPLEX NO.45/3, RESIDENCY ROAD BANGALORE - 560 025.

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CODEHALL TECHNOLOGY PVT. LTD. A PRIVATE LIMITED COMPNAY HAVING IT'S REGISTERED OFFICE AT 91 SPRINGBOARD, 4^TH FLOOR GOPAL KRISHNA COMPLEX # 45/3, RESIDENCY ROAD BENGALURU - 560 025 REPRESENTED BY ITS DIRECTORS.

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SRIDHAR PARTHASARATHY AGED MAJOR S/O MR. PARTHASARATHY R/AT 'PADMAN', 1816 13^TH CROSS, 22^ND MAIN SECTOR 1, HSR LAYOUT BANGALORE - 560 102.

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…ACCUSED

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(BY SRI B.K. VIJAY, ADVOCATE FOR R.1 TO R.3.)

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THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ALLEGED ACCUSED/CONTEMNOR FOR WILLFULLY AND DELIBERATELY DISOBEYING THE ORDER DATED 20.06.2023 PASSED BY THE HIGH COURT OF KARNATAKA IN WRIT PETITION NO.10952/2023 ANNEXURE-A, ETC.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE M.I.ARUN)

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The complainant is said to be a journalist who runs and owns

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a web magazine in the name and style of www.tunneltalk.com . She had hired the respondents to maintain technical aspects of her website. On the allegation that the respondents transferred the web magazine from the complainant's server to the respondents' server, the complainant filed O.S.No.7123/2021 before the Court of the XVIII Additional City Civil Judge, Bengaluru and also preferred certain interlocutory applications for interim prayers. The trial court has passed the following order,

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"➤ IA No.2 filed by the plaintiff under Order XXXIX Rule 1 and 2 CPC is hereby allowed. Accordingly, the defendants or anybody claiming under them restrained from tampering the plaintiff's website www.tunneltalk.com and its content as well as restrained from shutting down the website before transferring back the hosting services to the plaintiff till the disposal of the suit.

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➤ No.3 filed by the plaintiff under Order XXXIX Rule 1 and 2 CPC is hereby allowed. Accordingly, the defendants or anybody claiming under them are

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hereby directed to host back the plaintiff's website www.tunneltalk.com from the defendants server to the plaintiff's server till the disposal of the suit with the condition that, the plaintiff shall pay the admitted amount due to the defendants for the respective invoices or dues claimed by the defendants.

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➤ The plaintiff is at liberty to transfer the said amount to the account furnished by the defendants.

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➤ IA No.9 filed by the defendants under Order XXXIX Rule 1 and 2 r/w Section 151 of CPC is hereby allowed. Accordingly the plaintiff or anybody claiming under her, are hereby restrained from selling the source code developed by the second defendant to any other persons, entities, companies pending disposal of the suit.

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➤ IA No.11 filed by the plaintiff under Section 151 of CPC is hereby allowed. Accordingly, the defendants or anybody claiming under them are hereby directed to activate the Secure Socket Layer Certificate on the plaintiff's website www.tunneltalk.com and the plaintiff shall bear the cost for the renewal of the Secure Sockets Layer Certificate and liberty to transfer the amount to the account furnished by the defendants.

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➤ For hearing on other IAs. Call on 30/1/2023."

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Not satisfied by the order passed by the trial court on an application filed by the respondents under Order 26 Rule 10A read with Section 76(b) of the Income Tax Act and Section 151 of CPC, the complainant preferred Writ Petition No.10952 of 2023 in which the following order has been passed,

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"i. Petition is hereby disposed off without interfering with the impugned order.

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ii. The respondents-defendants are directed to comply with and obey the directions issued by the trial Court vide order dated 13.12.2022.

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iii. The trial Court is directed to appoint a Court Commissioner for the purpose of enabling and facilitating compliance of the directions issued by the trial Court vide order dated 13.12.2022 within a period of one month from the date of receipt of a copy of this order.

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iv. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

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v. Immediately, after completing the exercise referred to supra, the trial Court is directed to proceed further in the suit and dispose of the same as expeditiously as possible."

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On the allegation that the order dated 20.06.2023 passed by learned Single Judge in Writ Petition No.10952 of 2023 has not been complied with, this contempt petition is filed.

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During the course of the proceedings, the Court Commissioner as contemplated in the orders concerned has been appointed and certain compliance report has been filed before this Court. Further, the respondents have filed an affidavit stating that the compliance has been done and the order brought under contempt jurisdiction has been obeyed.

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However, the complainant is of the opinion that proper compliance has not taken place and there is scope for mischief to be played by the respondents, but in the course of the arguments admits that the website has been hosted back on the complainant's server and that secure sockets layer certificate has been activated.

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