CRYOGAS EQUIPMENT PRIVATE LIMITED vs INOX INDIA PRIVATE LIMITED

Court
Gujarat High Court
Case type
SPECIAL CIVIL APPLICATION
Decided on
09-04-2026
<div> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> <b>Reserved On : 01/04/2026</b><br /> <b>Pronounced On : 09/04/2026</b><br /> <b>IN THE HIGH COURT OF GUJARAT AT AHMEDABAD</b><br /> <b>R/SPECIAL CIVIL APPLICATION NO. 4648 of 2026</b><br /> <b> </b><br /> <b>FOR APPROVAL AND SIGNATURE: </b><br /> <b> </b><br /> <b> </b><br /> <b>HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA </b><br /> <b>AGARWAL</b><br /> <b>and</b><br /> <b>HONOURABLE MR.JUSTICE D.N.RAY</b><br /> =============================================<br /></div><table><thead><tr><th>Approved for Reporting</th><th>Yes</th><th>No</th></tr></thead><tbody><tr><td></td><td></td><td></td></tr></tbody></table><div><br /> CRYOGAS EQUIPMENT PRIVATE LIMITED &amp; ANR.<br /> Versus <br /> INOX INDIA PRIVATE LIMITED &amp; ORS.<br /> =============================================<br /> Appearance:<br /> MR KAMAL TRIVEDI, SR. ADVOCATE with MR SHALIN MEHTA, <br /> SR. ADVOCATE with MR C B UPADHYAYA with MR VINAY <br /> BAIRAGARA for the Petitioner(s) No. 1,2<br /> MR MIHIR JOSHI, SR. ADVOCATE with MR RASHMIN <br /> KHANDEKAR with MR DHIREN KARANIA WITH MR RUDRAM <br /> TRIVEDI for the Respondent(s) <br /> MR. AADIT R SANJANWALA(9918) for the Respondent(s) No. 1<br /> =============================================<br /></div><table><thead><tr><th>CORAM:</th><th>HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE&lt;br&gt;SUNITA AGARWAL</th></tr></thead><tbody><tr><td></td><td>and</td></tr><tr><td></td><td>HONOURABLE MR.JUSTICE D.N.RAY</td></tr></tbody></table><div><br /> <b>CAV JUDGMENT</b><br /> <b> (PER : HONOURABLE THE CHIEF JUSTICE </b><br /> <b>MRS. JUSTICE SUNITA AGARWAL)</b><br /> Page 1 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> 1. The short controversy in the present petition invoking <br /> extraordinary jurisdiction of the High Court under <br /> Article 227 of the Constitution of India is pertaining to <br /> the validity of the order dated 17.03.2026 whereby the <br /> application of the respondent no.1 herein, namely the <br /> plaintiff seeking copies/prints of the contents of the pen <br /> drive submitted by the Court Commissioner, has been <br /> partly allowed. The operative portion of the order <br /> impugned reads as under :- <br /> “1. Present application seeking copies / prints of <br /> the contents of Pendrive submitted by Court <br /> Commissioner is partly allowed. <br /> 2. Mr. S.K.Gohil, System Officer, District Court <br /> Vadodara is hereby appointed as Court <br /> Commissioner to only take print outs of the data of <br /> plaintiff stored in pendrive (Mark-18/16) in <br /> presence of both the parties and hand over to <br /> plaintiff.<br /> 3. Plaintiff is directed to deposit a total sum of <br /> Rs.10,000/- (Rupees Ten Thousand Only) as <br /> remuneration towards Court Commissioner before <br /> the Nazir, District Court Vadodara which will be <br /> released in favour of Court Commissioner after <br /> submission of report.<br /> 2. Amongst various submissions made by the learned <br /> Senior counsels for the petitioners to assail the order <br /> impugned, the primary grounds of challenge are that the <br /> Commercial Court has erred in providing the printouts of <br /> the data, allegedly that of the plaintiff stored in the pen <br /> drive, inasmuch as, the data contains confidential <br /> information re: trade practices of the plaintiff and that <br /> Page 2 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> the suit is at the primary stage of framing of issues. At <br /> this stage, providing material collected by the Court <br /> Commissioner from the computer of the defendants <br /> would amount to assisting plaintiff to build its evidence, <br /> by the Court. <br /> 3. The Court Commissioner was appointed vide order dated <br /> 25.09.2018 passed by the Commercial Court and the <br /> report was submitted at Exhibits ‘52’ and ‘61’ along <br /> with the pen drive at Mark 18/16, containing the data <br /> stored in the computer of defendants no. 1 and 2, the <br /> petitioners herein. Even vide order dated 24.09.2019, <br /> the parties were permitted to view the contents of the <br /> pen drive on the court’s computer. <br /> 4. The stage at which the Court Commissioner was <br /> appointed was the stage of consideration of the interim <br /> injunction application, which has later been decided by <br /> the trial court. The challenge to the order of grant of <br /> interim injunction restraining the petitioners from using <br /> the respondent’s drawing and confidential information, <br /> is pending adjudication in F/Appeal from Order No. 6098 <br /> of 2026. <br /> 5. It is contended by the petitioners herein that the order <br /> of interim injunction does not even refer to the <br /> inspection report of the Court Commissioner in its <br /> analysis, which fact itself indicates that the alleged <br /> contents of the pen drive have no bearing on the merits <br /> of the case, at this stage. <br /> Page 3 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> 6. It is submitted by the learned Senior counsel for the <br /> petitioners herein that the pen drive is part of the Court <br /> record and hence, possibility of tampering or loss of the <br /> data is purely speculative.<br /> 7. The plaintiff/respondent no.1 herein, however, moved an <br /> application at Exhibit ‘98’ seeking copies/print outs of <br /> the contents of the pen drive submitted by the Court <br /> Commissioner pursuant to the commission ordered <br /> below Exhibit ‘7’. The petitioners/defendants, in <br /> rebuttal, filed their reply at Exhibit ‘231’ contending that <br /> the purported local inspection amounted to an unlawful <br /> and unauthorised invasion of the defendants’ premises <br /> and rights. Consequently, any data allegedly obtained <br /> pursuant thereto is inadmissible and cannot be relied <br /> upon by the Commercial Court. <br /> 8. The petitioners/defendants no.1 and 2 denied that the <br /> pen drive contains any proprietary documents or <br /> intellectual property belonging to the <br /> plaintiff/respondent no.1 herein and the mere presence <br /> of the plaintiff’s name or address on certain documents <br /> collected in the pen drive does not establish ownership <br /> or any infringement on the part of the defendants. <br /> 9. It was vehemently argued by the learned Senior counsels <br /> for the petitioners that the pen drive contains <br /> confidential and sensitive data of the <br /> petitioners/defendants Company and permitting the <br /> original plaintiff to access or obtain copies of such data <br /> Page 4 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> without proper judicial scrutiny would cause serious <br /> prejudice to the petitioners herein/defendants no.1 and <br /> 2. The submission is that the framing of issues is a <br /> crucial stage of the trial as it identifies the real questions <br /> in dispute between the parties and provides direction to <br /> the proceedings. In absence of framed issues, the <br /> parties are not clearly aware of what is required to be <br /> proved. Permitting sharing of data collected by the Court <br /> Commissioner to the plaintiff prior to the framing of <br /> issues amounts to collection of evidence without a <br /> defined dispute, which is procedurally improper and <br /> prejudicial to the defendants.<br /> 10.It is submitted that allowing access to or inspection of <br /> the contents of the pen drive at this stage is contrary to <br /> the very object and scheme of Order XIV CPC and <br /> disrupts the order and process of trial. Such an <br /> approach confers an unfair advantage upon the plaintiff <br /> by enabling them to search for and build evidence <br /> without first establishing the precise nature of the <br /> dispute and thereby causing serious prejudice to the <br /> defendants.<br /> 11. Mr. Mihir Joshi, learned Senior counsel for the <br /> respondent no.1/plaintiff, however, would argue that the <br /> Court has allowed application Exhibit ‘98’ of the <br /> plaintiff in part and the printouts of only some data <br /> collected by the Court Commissioner stored in the pen <br /> drive (Mark 18/16), which is the data of the plaintiff, is <br /> directed to be provided in presence of both the parties. <br /> Page 5 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> The submission is that the Commercial Court has taken <br /> due care that no confidential data belonging to the <br /> defendants be provided to the plaintiff. <br /> 12. Further, the pen drive forms part of the record and as <br /> per Order XXVI Rule 10 CPC, the evidence taken by the <br /> Court Commissioner along with the report shall form <br /> part of record of the proceedings. The defendants <br /> cannot be permitted to argue that material in the pen <br /> drive collected during the Court commission work does <br /> not form part of the court record. The submission is <br /> that once the copy of the data in the pen drive <br /> containing the material collected from the computer of <br /> the defendants has already given to them, the plaintiff <br /> who has filed the present suit for infringement of its <br /> copyright in proprietary engineering drawings, IPs and <br /> literary work against the defendants is also entitled to <br /> get a copy of its data (data of plaintiff) stored in the pen <br /> drive.<br /> 13. The contention is that the only caveat put forth by the <br /> defendants against the order impugned is that the <br /> Commercial Court has provided confidential data of the <br /> defendants to the plaintiff collected by the Court <br /> Commissioner, which is incorrect. The Commercial <br /> Court has carefully segregated the data of the plaintiff, <br /> printouts of which are to be provided under the order <br /> impugned. It is vehemently argued that once the data <br /> collected in the pen drive itself records the name and <br /> address of the plaintiff, it is clear that such data belongs <br /> Page 6 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> to the plaintiff and no exception can be taken to <br /> providing of the printouts thereof.<br /> 14. Reliance is placed on the decisions of the High Court of <br /> Delhi in <b>Autodesk Inc v. A.V.T. Shankardass, [2008 </b><br /> <b>SCC OnLine Del 775]</b> to submit that in the case of <br /> infringement of copyright, the collected data of the <br /> defendants by the Court Commissioner is a crucial <br /> evidence, which is required to be evaluated by the <br /> Court. The object of appointment of the Court <br /> Commissioner is not to collect evidence, but to preserve <br /> and protect the infringing evidence. The appointment of <br /> Court Commissioner in such matters is usual and in fact <br /> is intended to sub serve the ends of justice and it is <br /> imperative to ensure that the actual position is not <br /> altered. The submission is that the Commercial Court <br /> has duly recognised the concern of the plaintiff while <br /> appointing the Court Commissioner at the initial stage <br /> that there may be a possibility of incriminating software <br /> being removed and the requirement was to preserve the <br /> data.<br /> 15. Referring to Order XXXIX Rule 7 CPC, the learned <br /> Senior counsel for the plaintiff/respondent no.1 would <br /> submit that the detention and preservation of property, <br /> subject matter of suit, at interim stage, is permissible. <br /> Order XXVI Rule 9 clearly provides that for the purpose <br /> of elucidating any matter in dispute, the Court if deems <br /> fit, may require a local inspection or direct to make such <br /> inspection and to report thereon to the Court. The <br /> Page 7 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> appointment of Court Commissioner with a view to <br /> detain/preserve the incriminating data has not been <br /> challenged by the petitioners/defendants no.1 and 2. <br /> 16. As per Order XXVI Rule 10(2), the report of the Court <br /> Commissioner and the evidence taken by him shall be <br /> evidence in the suit and shall form part of the record. <br /> It is open for any of the parties to the suit, with the <br /> permission of the Court, to examine the Commissioner <br /> personally in open court to confront him on the report or <br /> as to the manner in which he has made the investigation. <br /> As per Order XXVI Rule 10(3), the Court if dissatisfied <br /> with the proceedings of the Court Commissioner, it may <br /> reject the same or may direct for further inquiry, if it <br /> thinks fit.<br /> 17. The submission is that the Commercial Court cannot be <br /> said to have erred in referring to Order XXVI Rule 10 <br /> read with Rule 10A CPC to hold that the evidence taken <br /> by the Court along with its report shall form part of the <br /> record and the defendants cannot be permitted to <br /> contend to the contrary or to challenge the entire Court <br /> commission work by stating that the Court <br /> Commissioner has gone beyond the duties conferred on <br /> them. The submission is that the order of the <br /> Commercial Court is a calibrated order and only the <br /> plaintiff’s documents are directed to be copied and given <br /> while accepting the defendants claim of confidentiality <br /> and no document of the defendants has been directed to <br /> be given. <br /> Page 8 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> 18. The submission is that except in a case where the <br /> objection of confidentiality is taken, the evidence <br /> collected by the Court Commissioner submitted along <br /> with its report has to be provided. However, where non-<br /> confidential documents belonging to the plaintiff are <br /> directed to be supplied to the plaintiff by taking <br /> printouts of the contents from the pen drive, no infirmity <br /> can be attached to the order of the Commercial Court. <br /> Nothing wrong in principles applied by the Commercial <br /> Court based on any legal principles could be pointed out <br /> by the defendants as noted in the order impugned. This <br /> court, therefore, may not entertain the present petition.<br /> 19. In response to the submission of the learned Senior <br /> counsel for the petitioners/defendants no.1 and 2 that <br /> providing contents of the pen drive at this stage when <br /> even issues are not framed, would not amount to <br /> collecting evidence for the plaintiff/respondent no.1 <br /> herein facilitating it to build its case based on the <br /> contents of the pen drive, it was submitted that in <br /> principle, the Court Commissioner cannot collect <br /> evidence which the party would have collected. <br /> However, in the present case, where evidence is <br /> collected by the Court Commissioner, the direction to <br /> provide copies of the data of the plaintiff to it cannot be <br /> assailed without any disclosure of such documents being <br /> confidential. The submission is that in the instant case, <br /> in absence of any objection to the confidentiality, <br /> inasmuch as, the documents, copies whereof are to be <br /> Page 9 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> provided under the order impugned, are referred to as <br /> the documents of the plaintiff in the Court <br /> Commissioner’s report itself, no infirmity can be <br /> attached to the order impugned.<br /> 20. Referring to the judgment and order dated 07.07.2025 <br /> passed by this Court in the case of <b>Prime Diamond </b><br /> <b>Tech &amp; Ors. vs. Sonani Jewels Pvt. Ltd. In Special </b><br /> <b>Civil Application No.9066 of 2025 &amp; Anr.</b> , it was <br /> submitted that in the said case, this Court has directed <br /> not to provide access to the confidential <br /> information/trade secret of the rival parties at the <br /> interim stage while leaving it open for the Commercial <br /> Court to form its independent opinion at an appropriate <br /> stage to do the needful. In any case, no confidential <br /> information of the defendants is being provided to the <br /> plaintiff under the order impugned and no infirmity, as <br /> such, can be attached thereto. <br /> 21. Further, referring to the Division Bench judgment of the <br /> Bombay High Court in <b>Sonali Ashok Tandle v. Ranka </b><br /> <b>Lifestyle Ventures [2023 SCC OnLine Bom 1918]</b> , it <br /> was submitted that the sealed cover material submitted <br /> in evidence has been deprecated by the said Court. It <br /> was clearly held therein that no party is entitled to rely <br /> on “sealed cover material” to the prejudice of the other <br /> side and no Court should permit it. To do so flies in the <br /> face of very concept of fair justice and openness and <br /> transparency in the decision making process.<br /> Page 10 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> 22. Having heard the learned Senior counsels for the parties <br /> and perused the record, relevant is to note that the suit <br /> seeking injunction on infringement of the copyright filed <br /> against the defendants no.1 and 2/petitioners herein, is <br /> at the stage of framing of issues as stated in the present <br /> petition. <br /> 23. There is no dispute to the principle that the Court <br /> Commissioner’s report once submitted in the Court <br /> becomes part of the record and shall be evidence in the <br /> suit. There cannot be a dispute that the parties are <br /> entitled to confront the Court Commissioner on its <br /> report and that the evidence collected by the Court <br /> Commissioner being part of the record of the Court <br /> proceedings, can be supplied to the parties, if applied <br /> for, in a case where there is no issue of confidentiality.<br /> 24. None of the parties can claim that the evidence collected <br /> by the Court Commissioner, which are not confidential <br /> information of one of the parties pertaining to trade <br /> secret, etc. cannot be supplied to the other party. <br /> 25. The suit, out of which the present petition has arisen, is <br /> a suit for injunction for infringement of the copyright. <br /> The material collected by the Court in the Court <br /> Commissioner report are crucial piece of evidence to <br /> decide on the main question of injunction. The Court <br /> has been careful in preserving the material at the <br /> interim stage keeping in the spirit of Order XXXIX Rule 7 <br /> of the Code of Civil Procedure, 1908, on the concern <br /> Page 11 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> shown by the plaintiff and to avoid any possibility of <br /> incriminating software being removed or tampered with. <br /> The order of appointment of the Court Commissioner in <br /> the present matter cannot be said to be an order to <br /> collect evidence, but it is to preserve and protect the <br /> infringing evidence. The order of appointment of Court <br /> Commissioner is intended to sub serve the ends of <br /> justice.<br /> 26. However, the test of reasonable and credible information <br /> regarding existence of copied design or incriminating <br /> evidence has to be subjected to strict proof during the <br /> course of evidence. It is to be tested on the principles <br /> formulated in Order XXVI Rule 10(2) CPC itself where <br /> any of the parties with the permission of the Court may <br /> confront the Court Commissioner personally in open <br /> Court touching any of the matters referred to him or <br /> mentioned in his report, or as to his report, or as to the <br /> manner in which he has made the investigation. The first <br /> principle is that the Court Commissioner’s report is also <br /> a rebuttable piece of evidence, though collected by the <br /> Court in its wisdom for the purpose of elucidating any <br /> matter in dispute. <br /> 27. The question, therefore, would be as to whether the <br /> current stage of the suit proceedings where barely <br /> issues have been framed and even the plaintiff has not <br /> led his evidence, the copies of the documents submitted <br /> in the Court Commissioner’s report by taking printouts <br /> of the data stored in the pen drive, shall be provided to <br /> Page 12 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> the plaintiff for the mere fact that the Court <br /> Commissioner in his report has mentioned that the said <br /> documents belong to the plaintiff. <br /> 28. From a reading of the order dated 17.03.2026, it is <br /> evident that the Court has recorded of the pending <br /> application at Exhibit ‘213’ for amendment of plaint and <br /> application at Exhibit ‘214’ for production of documents. <br /> It has also noted that on the next date fixed therein was <br /> for hearing of all pending applications so that the issues <br /> could be framed expeditiously. There is a direction for <br /> time bound trial of the proceedings of the present suit <br /> by the Apex Court. <br /> 29. In our considered opinion, providing of the contents of <br /> the pen drive to the plaintiff on the premises that the <br /> data, copies whereof is to be provided under the order <br /> impugned, belong to the plaintiff, at this stage, is an <br /> error committed by the Commercial Court in the order <br /> impugned. The first reason for holding so is that the <br /> Commercial Court has not even deliberated on the <br /> contention of the defendants that the data collected in <br /> the pen drive is a confidential information of the <br /> defendants and the Court Commissioner has not adopted <br /> correct means to investigate, in the order impugned.<br /> 30. However, what bothers us most is the stage at which the <br /> part of the evidence collected by the Court <br /> Commissioner is being provided to the plaintiff, on the <br /> mere premise that the copies of the pen drive containing <br /> Page 13 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> the material collected from the computer of the <br /> defendants has already being given to the defendants. <br /> The question is as to whether it would be prudent for the <br /> Court to provide the data collected from the computer of <br /> the defendants to the plaintiff when the plaintiff has not <br /> even led its evidence. In our considered opinion, if this <br /> is permitted, it would amount to providing assistance by <br /> the Court to the plaintiff to build its evidence, without <br /> first establishing the precise nature of the dispute by <br /> framing issues after dealing with the applications of the <br /> plaintiff for amendment of the plaint and production of <br /> the documents.<br /> 31. We are of the considered view that the stage at which <br /> the order impugned has been passed is not a proper <br /> stage of providing copies of the evidence collected by <br /> the Court Commissioner to the plaintiff. The proper <br /> stage could be when the issues are framed after the <br /> plaintiff leads evidence. At that stage, after due <br /> consideration of the rival contentions of both the sides, it <br /> would be open for the Commercial Court to provide <br /> printouts of the data stored in pen drive, which is stated <br /> to be that of the plaintiff and does not contain any <br /> confidential information of the defendants, which may be <br /> a trade secret information of the said party.<br /> 32. Even otherwise, from the order impugned itself, it is <br /> evident that both the parties, i.e. the plaintiff as well as <br /> defendants have been permitted to view the contents of <br /> the pen drive on the court’s computer under the order <br /> Page 14 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> dated 24.09.2018. The application Exhibit ‘98’ in the <br /> Trade Mark Suit No. 3 of 2019 is pending since 2019. <br /> There was no occasion for the Commercial Court to <br /> provide printouts of the data of the pen drive allegedly <br /> belonging to the plaintiff at this stage. <br /> 33. A perusal of the application dated 26.09.2019 at Exhibit <br /> ‘98’ (page 253 of the paper book) of the plaintiff further <br /> indicates that the issues raised therein are that several <br /> files contained in the pen drive could not be opened on <br /> the Court’s computer, as the same did not have the <br /> necessary software to support such programmes and <br /> files, which can be viewed only by expert having <br /> supporting software. Many documents reflect the name <br /> and address of the plaintiff and are plaintiff’s <br /> documents, which establish that the documents obtained <br /> from the defendants’ computer are the plaintiff’s <br /> documents in breach of intellectual property of the <br /> plaintiff. It is, therefore, contended that it is just and <br /> necessary for the plaintiff to obtain the copies of <br /> contents of the pen drive as the same touches the merits <br /> of the matter and the plaintiff is seeking injunction <br /> against the defendants and hence, the contents of the <br /> pen drive are relevant for adjudication of the dispute. <br /> 34. Another concern shown by the plaintiff therein is that <br /> the pen drive may get corrupted or otherwise get <br /> damaged and the data found in the pen drive or the pen <br /> drive itself may get otherwise damaged. It is, therefore, <br /> imperative in the larger interest of justice and is of <br /> Page 15 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> utmost importance to provide the copies of the contents <br /> of the documents to the plaintiff and the set of <br /> documents be made available for the perusal of the <br /> Court so that the dispute can be adjudicated on merits. <br /> The prayer made therein is that the Court may direct the <br /> officer of the Court to carry out the function of taking <br /> prints of the electronic records and the pen drive, which <br /> is also part of the suit record and the data stored in <br /> electronic form shall also be preserved as part of the suit <br /> record. The prayers in the said application read as <br /> under :-<br /> “8. In view of the aforesaid, it is prayed that :<br /> a. The contents of the pen drive, at Mark <br /> 18/16 available in the record may please be <br /> ordered to be copied in the form of hard <br /> copies and such copies be ordered to be given <br /> to the Plaintiff at Plaintiff’s cost.<br /> b. A Court Commissioner/Technical Person <br /> who is part of/employee of the Court’s <br /> administration/ IT Department may be <br /> appointed for carrying out such copies at the <br /> cost of the Plaintiff and such copies may <br /> please be ordered to be given to the Plaintiff.<br /> c. Any other relief in the interest of <br /> justice.”<br /> 35. Taking note of the above, we may simply observe that in <br /> a copyright suit, divulging of trade secret of each other <br /> to the rival parties would be antithesis to the whole <br /> concept. Further, providing of data collected by the <br /> Court Commissioner to the plaintiff at the preliminary <br /> Page 16 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> stage of framing of issues would amount to providing <br /> undue assistance by the Court to the plaintiff to <br /> establish its case by leading evidence. It is settled <br /> principle of law that the plaintiff has to stand on its own <br /> legs and the collection of data in the form of Court <br /> Commission is for the assistance of the Court, in order to <br /> cull out the truth of the case of the parties. The Court <br /> Commissioner report is itself an evidence collected by <br /> the Court, copies whereof may be provided to the <br /> plaintiff at the appropriate stage of the suit by excluding <br /> the confidential informations of the defendants.<br /> 36. For the reasoning given above, we hold that the order <br /> dated 17.03.2026 passed by the Commercial Court, <br /> Vadodara below Application Exhibit ‘98’ in Trademark <br /> Suit No. 03 of 2019, cannot be sustained at this stage. <br /> While setting aside the same, the application Exhibit ‘98’ <br /> filed by the plaintiff on 26.09.2019 stands revived. The <br /> Commercial Court is directed to proceed with the suit in <br /> an expeditious manner by disposing of the pending <br /> applications and framing of issues by adopting due <br /> process. The application Exhibit ‘98’ of the plaintiff <br /> shall be considered by the Commercial Court at an <br /> appropriate stage, after the evidence are led by the <br /> plaintiff before forming any opinion on the Court <br /> Commissioner report by giving due opportunity to the <br /> parties to confront the Court Commissioner’s report.<br /> 37. It is further clarified that at this stage we do not find any <br /> reason to give access to the plaintiff to the information <br /> Page 17 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026<br /><br /> C/SCA/4648/2026 CAV JUDGMENT DATED: 09/04/2026<br /> collected by the Court Commissioner from the <br /> computers of the rival parties, namely the defendants. It <br /> would, however, be open for the Commercial Court to <br /> form its independent opinion at an appropriate stage, on <br /> appreciation of material before it, to do the needful by <br /> taking just decision in accordance with law, without <br /> being influenced by any of the observations made <br /> hereinabove.<br /> 38. The present order will have no bearing on the merits of <br /> the case of the parties, inasmuch as, all necessary steps <br /> to bring the dispute to its logical end by adopting due <br /> process of law can very well be taken by the Commercial <br /> Court in its own wisdom. We trust that the Commercial <br /> Court has already taken necessary steps to ensure <br /> preservation of the data of the pen drive collected by the <br /> Court Commissioner so as to address the concern of the <br /> plaintiff about the pen drive being corrupted or the data <br /> becoming inaccessible.<br /> 39. With the above, the present petition stands disposed of. <br /> No order as to costs.<br /> <b>(SUNITA AGARWAL, CJ ) </b><br /> <b>(D.N.RAY,J) </b><br /> BIJOY B. PILLAI<br /> Page 18 of 18<br /> Uploaded by BIJOY B. PILLAI(HC00202) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 19:25:05 IST 2026</div>