# In the matter of GE Power India Ltd. Vs. NHPC Limited CS (COMM) 140/2020
 & I.A. 4016/2020

> HC judgment dated 2020-07-26. Citation: TCN-2020-HC-00024. GE Power India Ltd. filed a suit against NHPC Limited alleging infringement of copyright in certain…

- **Court:** HC
- **Order date:** 26 Jul 2020
- **Citation:** TCN-2020-HC-00024
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/ge-power-india-ltd-vs-nhpc-limited-cs-comm-1402020-ia-40162020-f8a2e1f8

## Summary

### Background

GE Power India Ltd. filed a suit against NHPC Limited alleging infringement of copyright in certain drawings related to the Teesta VI Hydro Electric Project. The plaintiff claimed that NHPC published and disclosed copyrighted drawings to third parties. The dispute arose from a contract between Alstom (predecessor of GE Power) and Lanco Infratech Limited (LIL) for the design, manufacture, and commissioning of facilities for the Teesta VI project. LIL faced insolvency proceedings, and NHPC acquired the Teesta VI Project from Lanco Teesta Hydropower Limited (LTHPL), a special purpose vehicle of LIL. GE Power contended that NHPC's actions infringed its copyright and violated its right to maintain confidentiality.

## Facts

Alstom India Ltd. (later GE Power India Ltd.) entered into a contract with Lanco Infratech Limited (LIL) on May 18, 2009, for the Teesta VI Hydro Electric Project. The contract involved the supply of engineering drawings covered by Alstom's copyrights. LIL faced insolvency proceedings commencing on August 7, 2017, and went into liquidation on August 27, 2018. Lanco Teesta Hydropower Limited (LTHPL), a special purpose vehicle of LIL, was awarded the Teesta VI Project. NHPC Limited acquired the Teesta VI Project from LTHPL through a resolution plan accepted by the NCLT on July 26, 2019. NHPC then issued a tender for the project, including six copyrighted drawings of GE Power. GE Power claimed that NHPC's actions infringed its copyright by publishing and disclosing the

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## Issues and analysis

### Issue 1: Whether the High Court of Delhi has territorial jurisdiction to entertain the suit for copyright …

**Ratio:** The court has territorial jurisdiction if part of the cause of action arises within its

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**Reasoning:** The court reasoned that the defendant's act of uploading the copyrighted drawings onto

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**Interpretation:** Section 20 of the Copyright Act determines jurisdiction based on where the

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**Application:** The court found that the uploading of the drawings onto the CPPP website in

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## Parties

- **Judges:** MUKTA G…
- **Appellants:** GE POWER INDIA…
- **Respondents:** Lanco Infratech…; NHPC LI…
- **Advocates:** C.M.…; Nancy…; +4 more

## Timeline

- **2009-05-18 — Contract between Alstom…**: Alstom India Ltd. (later GE Power India Ltd.) entered into a contract with Lanco…
- **2017-08-07 — Insolvency proceedings…**: Insolvency proceedings commenced…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 36(4) — Liquidation estate](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-36)

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