also of the “plates” used for creating such copies. Therefore, such plates, including mobile devices and servers, can be directed to be recovered. In the present case, the only party that is in possession of the information relating to the devices used, IP addresses used, channels created, number of users, identity of the devices through mobile numbers etc., is Defendant No.1 – Telegram. 45. This brings the Court to the defences taken by Telegram in its response to the prayer for disclosure. In this regard, this Court finds as under: (i) In respect of Telegram’s data centre being located in Singapore and it being unable to disclose the details of the devices used, mobile number used, IP addresses etc., of the infringers - It is a fact of which judicial notice can be taken that Telegram is one of the most popular messaging applications in India. Its subscription base runs into millions of users and by merely locating its servers abroad, it cannot escape the rigours of orders passed by competent Courts in India. Indian courts would be the natural forum of jurisdiction in this dispute, in view of the following factors: a. The infringement unabashedly continuing within India, in order to protect the rights of copyright owners, Courts in India would be entitled to pass such orders as are effective and required for enforcement of the copyright owners’ rights; b. Since the copyrighted material is related to Indian examination materials, in all likelihood the source of the infringing channels being in India, the accounts of such Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:31.08.2022 12:12:31 CS (COMM) 282/2020 Page 32 of 51

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