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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