- (1.) The Court : The plaintiff has filed this application under Clause 13 of the Letters Patent, 1865. The basis of the application appears to be a subsequent suit filed by the Quadrific Media Pvt. Ltd. against the Rajat Agarwal and Guru Sports Media Pvt. Ltd. before the District Judge, Alipore being TS No.5 of 2017. Quadrific and Peter are defendant nos.7 and 3 in the High Court suit. Peter was made a proforma defendant in the Alipore suit.
(2.) The plaintiff has filed a suit on 24th February, 2017 against Spartan Online Pvt. Ltd. in this Court praying, inter alia, for an order of injunction restraining the defendants from carrying on any business of Online Poker Came or any similar business to the exclusion of the plaintiffs and from using the mark "Spartan" or "Spartan" logo to the exclusion of the plaintiffs. The plaintiff alleged that the mark "Spartan", the domain name "Spartanpoker.com" and the logo "Spartan" are the assets of the joint-venture of the plaintiffs and the defendant Nos.2,3,4 and 5 and the said assets and properties of the joint-venture could not be used and utilized to the exclusion of the plaintiffs. The plaintiff has also taken out an interlocutory application being G.A. No.687 of 2017 praying, inter alia, for restraining the defendants from carrying on any business under the name and style "Spartan" or "Spartanpoker" or "Spartan" logo or any domain name where "Spartan" forms a part thereof or from giving effect to the notices dated 18th January, 2017 and 24th January, 2017 or taking any steps to remove the plaintiffs as the directors of the defendant No.7. In the said proceeding, the defendant alleged that the plaintiff No.1 was removed as a director of the defendant No.1 at the meeting held on 25th February, 2017. Subsequent to the filing of the interlocutory application being G.A. No.1172 of 2017, a further application was taken out by the plaintiff alleging defalcation and misappropriation of funds by the defendants and a diversion of fund from the plaintiff to the new Company being Spartan Online Pvt. Ltd. The interlocutory application being G.A. No.687 of 2017 was taken up for hearing on 7th April, 2017. The defendant No.1 has also taken out application in the nature of demurrer. The three applications were heard between 7th April, 2017 and 17th April, 2017. The plaintiff alleged that taking advantage of the pendency of the aforesaid applications and pending adjudication of the suit filed by the defendants, the defendant No.1 filed a suit before the learned District Judge at Alipore being TS No.5 of 2017 and in the said proceeding obtained an ex parte ad interim order of injunction restraining the plaintiffs from using the mark "Spartanpoker" for the purpose of online business. The said order was served upon the plaintiffs on 5th April, 2017.
(3.) In the said proceeding, the defendant No.7 who is the plaintiff in the said suit alleged that the mark "Spartanpoker", has always been associated with the online business "Spartanpoker.com" of the defendant No.7. By reason of the effort of the plaintiff No.1, he was appointed as a director of the defendant No.7 with effect from 14th February, 2016 and has been paid remuneration for his services for the months of June and July, 2016.;