ought to face consequences in accordance with law, including being
held liable for damages. That would not be possible if the source of
such infringing copies, i.e., the details of the infringing channels are
not disclosed. Pertinently, such production of details of infringing
devices or persons or other sources, is not a comment on Telegram’s
liability and does not derogate from safe harbour provisions. In fact,
it is aligned with the view of Telegram’s claimed role as an
intermediary, which claims to act as a conduit of information.
(vii) Disclosure of such information is relevant and material to the
present case, contrary to what is pleaded by Telegram in its reply.
Even applying the broad principles of Order XI CPC, the Court can
direct disclosure of documents and information relating to ‘any
matter in question in a suit’. The Delhi High Court in A.K.
Aggarwal v. Shanti Devi [CM(M) Appeal No.154 and 155 of 1995,
decided on 17th October, 1995], held that seeking interrogatories
must be encouraged:
“4. Order XI of the CPC, contains salutary
provision which are intended to curtail evidence
thereby expediting trial of suit and as such their
provisions are very useful. They have to be
liberally used and parties have to be encouraged
to use them in the course of trial. The provision
of Order XI, Civil Procedure Code do not deserve
a technical or truncated approach. Ultimately the
use of these provisions saves time of the Court and
costs of litigation to the parties. "Jessel M.R. in
Attorney-General vs. Gashill (1882) 20 Ch. 519,
said: "Now, one of the great objects of
interrogatories when properly administered has
always been to save evidence, that is to diminish
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 41 of 51
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