Delhi High Court - Orders
Dassault Systemes Solidworks ... vs Spartan Engineering Industries ... on 2 August, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 34/2021 & I.A. 1042/2021
DASSAULT SYSTEMES SOLIDWORKS CORPORATION &
ANR. ..... Plaintiffs
Through: Mr. Shantanu Sahay and Mr. Apoorve
Bansal, Advocates. (M:7044127966)
versus
SPARTAN ENGINEERING INDUSTRIES PRIVATE LIMITED &
ANR. ..... Defendants
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 02.08.2022
1. In this matter, an interim injunction was granted vide order dated 28th January, 2021. The said order reads as under:
"23. I am convinced, therefore, that the plaintiff has made out a case for ad interim ex-parte injunction, pending a response from the defendants.
24. Para 25 of this application set outs the prayer for ad interim injunction in the following manner:
"25. In light of the foregoing, it is respectfully prayed that this Hon'ble Court may be pleased to issue:-
a. An ad interim temporary injunction restraining the Defendants, their principal officers, directors, agents, franchisees, servants and all others acting for and on their behalf at the Defendants' premises, from directly or indirectly using for any kind of computer related activities or otherwise in any other manner, any pirated/unlicensed/unauthorized software programs of the Plaintiffs or Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 34/2021 Page 1 of 3 Signing Date:03.08.2022 15:44:29 reproducing and distributing any pirated/unlicensed/unauthorized software of the Plaintiffs in contravention of the terms of the End User License Agreement(s) (EULA)/ Customer License and Online Services Agreement (CLOSA), or infringing in any other manner or causing or enabling or assisting others to infringe the copyrights of the Plaintiffs including SOLIDWORKS software and its various versions or any other software programs developed by the Plaintiffs in any manner that may amount to infringement of the Plaintiffs' copyright subsisting in its software programs and software related documentation; b. An ad interim temporary injunction restraining the Defendants, their principal officers, directors, agents, franchisees, servants and all others acting for and on their behalf at the Defendants' premises, from directly or indirectly formatting the computer systems and/or erasing any data, log files, installations, etc. pertaining to assisting others to infringe the copyrights of the Plaintiffs subsisting in its software programs and software related documentation including SOLIDWORKS software and its various versions or any other software programs developed by the Plaintiffs.; Such other order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
25. In view of the aforesaid observations, till the next date of hearing, there shall be an ad interim ex-parte injunction, in terms of prayers (a) and (b) in IA 1042/2021, reproduced hereinabove."
2. Vide the same order, compliance of the provisions of Order XXXIX Rule 3 CPC was also directed for the Defendants. On the next dates of hearing being, inter alia, 23rd March, 2021, 26th April, 2021, and 8th Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 34/2021 Page 2 of 3 Signing Date:03.08.2022 15:44:29 September, 2021, it was noted by the ld. Joint Registrar that the Defendants were unserved. Accordingly, fresh summons and steps for service of the Defendants were directed on various dates. Thereafter, the ld. Joint Registrar recorded in the order dated 24th November, 2021 that Defendant No.1 had been served, though none had entered appearance. Finally, vide the ld. Joint Registrar's order dated 2nd June, 2022, the right of the Defendants to file the written statement has been closed.
3. Even today, none appears for the Defendants despite service. Accordingly, the interim order dated 28th January, 2021 granting interim injunction against the Defendants, stands confirmed. The interim application being I.A.1042/2021 is disposed of.
4. The Defendant is proceeded ex-parte. Ld. Counsel for the Plaintiff seeks time to file the evidence by way of affidavit. Let the ex parte evidence be filed by the Plaintiff within six weeks.
5. List for marking of exhibits before the Joint Registrar on 21st September, 2022.
6. List before the Court on 31st October, 2022.
PRATHIBA M. SINGH, J.
AUGUST 2, 2022 dj/ms Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 34/2021 Page 3 of 3 Signing Date:03.08.2022 15:44:29