Madras High Court
Auditbot Inc vs Togglenow Software Solutions Pvt. Ltd on 12 December, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
(CR) A Nos.5 of 2024 etc
IN THE HIGH COURT OF JUDICATUE AT MADRAS
DATED: 12.12.2024
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
(CR) A Nos.5 and 6 of 2024
in
OP(CR) No.8 of 2024
and
(CR) A Nos.10 and 11 of 2024
in
OP(CR) No.9 of 2024
Auditbot INC,
USA,
Rep. By its Power Agent Mr.A.J.Radhakrishnan
... Applicants in all applications
Versus
1.Togglenow Software Solutions Pvt. Ltd.,
Hyderabad.
2.Raghu Boddu
3.Sajjala Praveen Kumar
4.Shibu Mathew
5.The Registrar of Copyrights,
New Delhi. .. Respondents in all applications
https://www.mhc.tn.gov.in/judis
1/5
(CR) A Nos.5 of 2024 etc
For Applicant : Mr.Navod Prasannan
For R1 to R4 : Ms.N.Devi
For R5 : Mr.S.Janarthanam
ORDER
By consent of both the counsels, the following order is passed in these applications.
(a) Ms.Vindhya S.Mani, having wide experience in the subject matter, and having office at No.6, 5th floor, M/s.Lakshmi Kumaran & Sridharan Attorneys, Chennai House, Esplanade Road, Chennai-108, Mobile No.8376951693, is appointed as Advocate Commissioner.
(b) The Advocate Commissioner is permitted to seek assistance of an expert, namely, an appropriate professor from IIT-Madras for the purpose of comparing source code, software, algorithms, GUI, artistic work and literary work of the first respondent in respect of their softwares (i) VERITY under No.17887/2023 and (ii) https://www.mhc.tn.gov.in/judis 2/5 (CR) A Nos.5 of 2024 etc OPTIMUS under No.17989/2023, with the applicant's software, namely, License Saver and Custom GRC Solution.
(c) The Advocate Commissioner is directed to submit a report as to whether there has been an infringement of copyright committed by the respondents 1 to 4.
(d) The Advocate Commissioner appointed by this Court shall be paid an initial remuneration of Rs.2.5 lakhs by the applicant. The remuneration payable to the Expert to be appointed by the Advocate Commissioner shall be paid by the applicant on due intimation from the Advocate Commissioner without any delay.
(e) Both the parties shall cooperate with the Advocate Commissioner by submitting their respective source codes for their respective softwares in sealed cover to the Advocate Commissioner, who alone will have the custody of the same till it is returned back to the respective parties.
https://www.mhc.tn.gov.in/judis 3/5 (CR) A Nos.5 of 2024 etc
(f) The Advocate Commissioner is permitted to seek any further directions from this Court.
2. In terms of the aforesaid directions, all these applications stand disposed of.
Post the matter for filing report by the Advocate Commissioner on 28.01.2025.
12.12.2024 rkm Note to Office: Issue warrant to the Advocate Commissioner by tomorrow (13.12.2024) itself. https://www.mhc.tn.gov.in/judis 4/5 (CR) A Nos.5 of 2024 etc ABDUL QUDDHOSE,J.
rkm (CR) A Nos.5 and 6 of 2024 in OP(CR) No.8 of 2024 and (CR) A Nos.10 and 11 of 2024 in OP(CR) No.9 of 2024 12.12.2024 https://www.mhc.tn.gov.in/judis 5/5