JCB India Ltd. v. IP Address 122.163.98.166
In the High Court of Delhi
IA 9011/2008 in CS(OS) 1021/2008
Before Justice S. Ravindra Bhat
Decided on August 25, 2008

Relevancy of the case: Application seeking dismissal of civil suits on the grounds of jurisdiction in a case involving hacking, copyright violation, and misuse of confidential information

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 43, 46, 47, 61, 66, 79)
• The Copyright Act, 1957 (Section 2, 17)
• The Code of Civil Procedure, 1908 (Section 9, Order VII Rule 10, 11)

Relevant Facts of the Case

• The plaintiff has filed two suits against the applicant-defendant for hacking into its confidential files. The plaintiff also alleges that the applicant has worked for their competitor company, creating instances of sharing crucial information.
• In the first suit, the plaintiff seeks a permanent injunction to prevent the applicant from disclosing confidential information. While in the second suit, the plaintiff seeks an order from the court to forbid the applicant from handling its data in any manner.
• Through the interlocutory application, the applicant has prayed to dismiss suits due to the jurisdictional bar.

Prominent Arguments by the Advocates

• The plaintiff’s counsel argued that his point of contention was the violation of the plaintiff’s copyright and misuse of confidential information. Therefore, a civil court is an appropriate forum.
• The defendant’s counsel submitted that the cause of action mainly arises from hacking. Hence, the Cyber Appellate Tribunal should have the jurisdiction to adjudicate. Such matters are beyond the jurisdiction of a civil court.

Opinion of the Bench

• The jurisdiction of the Civil court is limited in the instances mentioned. However, the Adjudicating Officer under the Information Technology Act, 2000, cannot deal with subject matter falling under the Copyright Act, 1957.
• Moreover, the court cannot reject a plaint based on the relief being partly interdicted by law.

Final Decision

• The court disposed of the applications in both suits and imposed a cost of ₹20,000 per application on the applicant.