Delhi High Court - Orders
Bentley Systems Incorporated & Anr vs Ashok Kumar(S) & Anr on 30 May, 2024
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 488/2024, I.A. 31087/2024, I.A. 31088/2024, I.A.
31089/2024 & I.A. 31090/2024
BENTLEY SYSTEMS INCORPORATED & ANR. ..... Plaintiffs
Through: Ms. Aarshia Behl, Ms. Shruti Baid
and Mr. Anmol Kasana, Advs.
versus
ASHOK KUMAR(S) & ANR. ..... Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 30.05.2024 I.A. 31089/2024 (Exemption from filing clearer copies)
1. Exemption is granted, subject to all just exceptions.
2. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance before the next date of hearing.
3. Accordingly, the present application is disposed of.
I.A. 31090/2024 (Seeking leave to file additional documents)
1. The present application has been filed on behalf of the plaintiff under Order 11 Rule 1(4) of the Code of Civil Procedure, 1908 as applicable to commercial suits under the Commercial Courts Act, 2015 seeking to place on record additional documents.
2. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:19:10 and the DHC (Original Side) Rules, 2018.
2. Accordingly, the present application is disposed of.
CS(COMM) 488/2024
1. Let the plaint be registered as a suit.
2. Upon filing of process fee, issue summons to the defendants by all permissible modes. Summons shall state that the written statement(s) be filed by the defendants within 30 days from the date of receipt of summons. Along with the written statement(s), the defendants shall also file affidavit(s) of admission/denial of the documents of the plaintiffs, without which the written statement shall not be taken on record. Liberty is given to the plaintiffs to file a replication within 30 days of the receipt of the written statement(s). Along with the replication, if any, filed by the plaintiffs, affidavit(s) of admission/denial of documents filed by the defendants, be filed by the plaintiffs, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
3. List before the Joint Registrar (Judicial) for marking of exhibits on 02nd September, 2024.
4. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
I.A. 31087/2024 & I.A. 31088/2024(Applications under Order XXXIX Rules 1 and 2 CPC)
1. This application has been filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 ("CPC") as part of the accompanying suit This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:19:10 seeking decree of permanent injunction against defendant No.1 [Ashok Kumar(s)] and all those acting for and on their behalf from directly or indirectly reproducing, storing, installing, using pirated/unlicensed software of the plaintiffs, including SACS Connect, WaterGems, Plaxis 3d, Staad Foundation Advanced Connect, Staad.Pro, MicroStation, Staad.Pro, Staad RCDC, Staad Foundation Advanced etc. amongst others, thereby infringing copyright in plaintiffs' computer programs/software titles, and a decree against defendant No.2 (Bharti Airtel Limited) and all those acting for and on their behalf for disclosing details of the various unknown persons which are masked by the Internet Protocol ("IP") addresses, from which the said infringement has taken place.
2. Plaintiff No.1 is a company organized under the laws of United States of America and claims to be one of world's leading software companies. It supplies software to engineers, architects, constructors, professionals for design, construction and infrastructure. Plaintiff No.1 claims ownership of copyright in the software products developed by it within the meaning of the Copyright Act.
3. Plaintiff No.2 is an Indian subsidiary of plaintiff No.1 and distributes the software products of plaintiff No.1 in India. Plaintiff's software product line includes inter alia SACS Connect, WaterGems, Plaxis 3d, Staad RCDC, Staad Foundation Advanced Connect, Staad.Pro, MicroStation Staad.Pro, Staad RCDC, Staad Foundation Advanced etc. Plaintiff's system has a mandatory licence for its products and for the entity who is a licensed user, data can be found on its database. The licences granted by plaintiff No.1 are non-transferable. Plaintiffs have an embedded security mechanism in their software, which is able to capture information in relation to infringing use, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:19:11 by tracking and identifying the IP addresses and, therefore, connecting it to the Internet Service Provider ("ISP") through which the IP addresses have been accessed.
4. In this case, plaintiff has identified the following IP addresses where infringing use of plaintiff's software has taken place:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:19:11 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:19:11 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:19:11
5. These infringements were discovered by plaintiffs since November 2023 till date and were multiple instances of unauthorised installations of its software products, by the aforesaid IP addresses.
6. In this view of the matter, in the opinion of this Court, plaintiffs have made out a prima facie case for grant of an ex-parte ad interim injunction till the next date of hearing. Balance of convenience lies in favour of plaintiffs, and plaintiffs are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.
7. Accordingly, till the next date of hearing, ex-parte ad interim injunction is passed in favour of the plaintiffs and against the defendants in the following terms:
c) Defenant No.1 [Ashok Kumar(s)] and all those acting for and on their behalf are restrained from directly or indirectly reproducing, storing, installing, using pirated/unlicensed software of the plaintiffs, including SACS Connect, WaterGems, Plaxis 3d, Staad Foundation Advanced Connect, Staad.Pro, MicroStation, Staad.Pro, Staad RCDC, Staad Foundation Advanced etc. amongst others thereby infringing copyright in plaintiffs' computer programs/software titles;
d) Defendant No.2 (Bharti Airtel Limited) and all those acting for and on their behalf are directed to disclose details, including but not limited to name, address, contact number, email address of the various persons [Ashok Kumar(s) - Defendant No.1] of the IP addresses which are extracted above, or any other IP addresses, which plaintiffs may subsequently notify to be infringing of its exclusive rights. The said disclosure will be made on an affidavit This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:19:11 within four weeks from today with copies to the opposing side.
8. On steps being taken by plaintiffs, issue notice to defendants through all permissible modes including speed post, courier, and email. Affidavit of service along with proof thereof, be placed on record before the next date of hearing.
9. Reply, if any, be filed within eight weeks with advance copy to counsel for plaintiffs, who may file rejoinder thereto, if so desired, before the next date of hearing.
10. Compliance with Order XXXIX Rule 3 of CPC be effected within a week from today.
11. List on 26th September, 2024.
12. Order be uploaded on the website of this Court.
ANISH DAYAL, J MAY 30, 2024/MK/na This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:19:11