relieved of the obligation to prove to that extent.
She will not be required to call witnesses. She will
save great expenditure and trouble if these
interrogatories are answered. It may possibly
happen that the plaintiff will find that she has no
need to call any witnesses. In short interrogatories
are admissible which go to support the applicant's
case or to impeach or destroy the opponent's case
Plymouth Mutual Co-op. Society vs. Traders
Publishing Association (1906) 1 LJ. 415. This
means that the right to interrogate is not confined
to the facts the existence or non-existence of which
is relevant to the facts already in issue (per Lord
Esher. M.K. in Marriot vs. Chamberlain ( 1886)
QBD. 154. In the case of Suthurland (Duke) v.
British Dominions Land Settlement Corporation.
1926 1 C.H. 746, Mr. Justice Tomlin said that the
administering of interrogatories is a step which is
more often desirable than undesirable and is to be
encouraged rather than to be discouraged,
because they not infrequently bring an action to
an end at an earlier stage than otherwise would
be the case, to the advantage of all parties
concerned. …”
(viii) This position was also most recently reiterated in Tara Batra v. Punam
A. Kumar & Ors. [CM(M)No. 925/2019, decided on 10 th September,
2021] by a Coordinate Bench of this Court. In the present suit, the most
important information is the details relating to the origin of the
infringing copies of the copyrighted works.
(ix)
Even under the provisions of the IT Act, such as under Section 79(3)(b),
Telegram has a duty to expeditiously remove or disable access to the
unlawful material, without vitiating the evidence in any manner. In
addition, under Rule 3 of the IT Guidelines, the intermediary has a duty
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 43 of 51
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