CCC/1102/2024 of M/S SERIES 5 LABS PRIVATE LIMITED Vs M/S TRANSHELP TECHNOLOGIES PRIVATE LIMITED on 24 September 2026

ORAL ORDER

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present contempt petition is filed alleging willful disobedience/non-compliance of the order dated 19.02.2024 passed by this Court on I.A.No.1/2024 in MFA No.483/2024 (IPR/SJ) filed by the respondents/contemnors.

2. Heard Ms.Tejaswini P., for Smt. Akshatha M Patel, learned counsel appearing for the complainant and Sri Chintan Chinnappa M., learned counsel for the alleged contemnors/Accused.

3. The complainant has filed O.S.No.7314/2023 in the Court of XVIII Additional City Civil Judge at Bengaluru City praying the following reliefs:-

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"Wherefore, the plaintiff prays that this Hon'ble Court may be pleased to pass JUDGEMENT AND DECREE:

I. Granting permanent injunction restraining defendants and/or their subsidiaries, service users, subscribers, vendors, agents, distributors, advertising agencies, developers, partners, representatives, business partners acting for or on their behalf from making available to the public for using the "BMTC Passes (New)" feature and "AC Bus Tickets (Coming Soon)" available through the Mobile Application Tummoc/Bus and Metro Ticket Booking / Tummoc: BMTC Pass and DTC Ticket/ Tummoc: Bus & Metro Ticketing/ Tummoc: BMTC Line Checker App on all electronic medium including App Store, Google Store on any electronic devices through any medium or download via any applications like "software update" (i.e. Defendant's partner app) or through any social media or website application available through search engines and applications like youtube.com, facebook.com, Instagram, telegram etc. or through their web hosting services including the cloud, etc. so as to result in acts of infringement and passing off of the Plaintiffs' copyright.

II. Granting permanent injunction restraining defendants and/or their subsidiaries, service users, subscribers, vendors, agents, distributors, advertising agencies, developers, partners, representatives, business partners acting for or on their behalf from making available to the public for using the "BMTC Passes (New) feature and "AC Bus Tickets (Coming Soon)" available through the Mobile

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Application Tummoc/Bus and Metro Ticket Booking / Tummoc: BMTC Pass and DTC Ticket/ Tummoc: Bus & Metro Ticketing/ Tummoc: RMTC Line Checker App on all electronic medium including App Store, Google Store on any electronic devices through any medium or download via any applications like "software update" (i.e. Defendant's partner app) or through any social media or website application available through search engines and applications like youtube.com, facebook.com, Instagram, telegram etc. or through their web hosting services including the cloud, etc. so as to result in acts of infringement of the Plaintiffs Patent bearing No. 376504.

III. Directing the defendant to render honestly and faithfully true account of the profit that defendants has derived by commercially using and promoting the launch of the feature "BMTC Pass" available through the Mobile Application Tummoc/Buş and Metro Ticket Booking /Tummoc: BMTC Pass and DTC Ticket/ Tummoc: Bus & Metro Ticketing/ Tummoc: BMTC Line Checker App and directing payment of such profits to the plaintiff by way of damages for infringing plaintiff's copyright and patent.

IV. Directing the defendant to pay damages of Rs.1,00,000/- per day from the date of filing this suit for willful violation and for infringing by commercially using and promoting the launch of the feature "BMTC Pass available through the Mobile Application Tummoc/Bus and Metro Ticket Booking / Tummoc: BMTC Pass and DTC

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Ticket/Tummoc: Bus & Metro Ticketing/ Tummoc: BMTC Line Checker App.

V. Directing the defendant to pay the plaintiff the costs of this suit and pass such other orders as this Hon'ble Court deems fit and proper in the circumstances of the case; and

VI. The plaintiff undertakes to pay differences in court fee if any at the time of final decree and judgment;."

4. The Trial Court vide order dated 18.01.2024 passed an interim order in the following terms:- " ORDER
IA No.1 & 2 filed by the plaintiff under Order XXXIX Rule 1 and 2 r/w Section 151 of CPC is hereby allowed.
Consequently, defendants or anybody claiming under them are hereby restrained from making available to the public for using the "BMTC Passes [New]" feature and "AC Bus Tickets (Coming Soon)" available through the Mobile application Tummoc/Bus and Metro Ticket Booking/ Tummoc : BMTC pass and DTC Ticket/ Tummoc: Bus & Metro Ticketing/ Tummoc: BMTC Line Checker App on all electronic

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medium including App Store, Google Store on any electronic devices through any medium or download via any applications like "software update" (i.e., Defendant's partner App) or through any social media or website application available through search engines and applications like youtube.com, facebook.com, Instagram, telegram etc., or through their web hosting services including the cloud etc., till disposal of the suit".

5. This order passed by the Trial Court dated 18.01.2024 came to be challenged by defendant No.1 in MFA No.483/2024 and this Court vide order dated 19.02.2024 disposed of the said MFA inter alia with the following observation:-

"Having anxiously considered the rival submissions, it is undisputed fact that the solution created by the appellants is being used by the commuters, who are using the BMTC/DTC buses. It is also an admitted fact that the app created by appellants as well as the solution invented by

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respondent are registered by the Competent Authority and required certificates are issued.

It is also noticed that the ease of commutation of large number of general public is involved in the matter. There is no material on record to show as to how many users of BMTC/DTC are using the said app.

Any how, it is subject matter of evidence that could be placed before the Trial Court at the time of the hearing/Trial.

It is also noticed by this Court the number of users and the transactions that would ensue using the app of appellants herein can very well be brought on record and ascertained, including the revenue generated out of it.

In that view of the matter, it cannot be said that the loss that would occur inaccessible. Under these circumstances, keeping in view the convenience of the commuters, who are using the app created by the appellants and also the interest of respondent, who is claming to be the original inventor of the said technology, it would be proper to stay the impugned order only to the extent that the use of the said app by BMTC/DTC are permitted. Rest of the order passed by the Trial

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Court remains unchanged until this MFA No.483/2024 is disposed of finally."

6. It appears that the alleged contemnors have been allotted work for private e-ticketing on their app in GOA, by the Kadamba Road Transport Corporation, Goa, a Government undertaking.

7. This contempt petition has been filed alleging that the contemnors were permitted only to use the technology in question for which both the plaintiff and defendants are claiming patent rights only in respect of BMTC/DTC. However, the contemnors are using the said technology in Goa for providing e-ticketing as mentioned above and therefore, they are in violation of the order dated 19.02.2024 passed by this Court in MFA No.483/2024 (IPR/SJ).

7. We have considered the submissions made by learned counsels for the parties.

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8. From the prayer/relief sought in the suit, it is evident that the prayer/relief of the appellant was confined only to BMTC/DTC. They have not sought for any omnibus injunction for using Tummoc for providing e-ticketing anywhere in India.

9. As the plaintiff has sought relief only in respect of BMTC/DTC, the injunction order was confined to BMTC/DTC, which has been stayed by this Court in MFA No.483/2024. When the complainant has sought no relief in respect of any other place or any other organization using the technology being provided by the alleged contemnors, we are of the view that in the garb of interim order, which has stayed the order passed by the Trial Court, the petitioner cannot seek injunction against the defendant/contemnors in whole all India.

If the complainant is of the opinion that the alleged contemnors should be restrained from using the technology anywhere, they should take appropriate steps for amending the suit.

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10. We are therefore, of the view that as only interim injunction passed by the trial Court was stayed by this Court vide order dated 19.02.2024 passed in MFA No.483/2024 (IPR/SJ), no contempt is made out for using the app Tummoc by the respondent/contemnor/s in Goa. Therefore, this contempt proceedings are closed.

Contempt notice stands discharged.

Sd/- (D K SINGH) JUDGE

Sd/- (H.SHANTHI BHUSHAN) JUDGE

NG CT:SM List No.: 1 Sl No.: 10