Delhi High Court - Orders
Dassault Systemes Solidworks ... vs Mr. Shashikant Sharma & Anr on 16 October, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1124/2025 & I.A. 25971/2025
DASSAULT SYSTEMES SOLIDWORKS CORPORATION &
ANR. .....Plaintiffs
Through: Mr. Pravin Anand, Mr. Shantanu
Sahay, Mr. Ashish Somasi, Mr.
Swastik Bisarya & Mr. Manvi
Panwar, Advs.
versus
MR. SHASHIKANT SHARMA & ANR. .....Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 16.10.2025 I.A. 25977/2025 (for exemption from filing legible/ typed copies of dim/illegible copies of documents)
1. This is an application filed by the Plaintiffs under Section 151 of the Code of Civil Procedure, 1908 ['CPC'], seeking exemption from filing fair and typed copies of the dim documents, which have been filed with the suit.
2. Subject to the Plaintiffs filing fair typed, clear and legible copies of the dim documents within two (2) weeks from today, exemption is granted for the present.
3. Accordingly, the captioned application stands disposed of. I.A. 25976/2025 (seeking exemption from pre-litigation mediation with the Defendants)
4. The application has been filed by the Plaintiffs under Section 12A of CS(COMM) 1124/2025 Page 1 of 19 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 14/11/2025 at 20:52:45 the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from instituting pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 ('Act of 2015'), read with Section 151 of the CPC.
5. Having regard to the facts of the present suit contemplate urgent interim relief, and in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiffs.
6. Accordingly, the application stands disposed of. I.A. 25975/2025 (for exemption from advance service to the defendants)
7. The is an application has been filed under Section 151 of CPC, on behalf of the Plaintiffs seeking exemption from service to the Defendants.
8. In view of the fact that the Plaintiffs have sought an ex parte ad- interim injunction along with the appointment of a Local Commissioner, the exemption from effecting service upon the Defendants at this stage is granted.
9. Accordingly, the application stands disposed of. I.A. 25974/2025 (seeking permission to file audio recording in pen-drive)
10. This is an application under Section 151 of the CPC, filed by the Plaintiffs, seeking permission to take the pen-drive on record containing video recording on the machine of the Plaintiffs showing the patented process.
11. The Plaintiffs are directed to file the pen-drive in accordance with Rule 24 of the Delhi High Court (Original Side) Rules, 2018.
12. Registry may receive electronic record on pen-drive so long as it is CS(COMM) 1124/2025 Page 2 of 19 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 14/11/2025 at 20:52:45 encrypted with a hash value or in any other non-editable format. The video recording contained in pen-drive be placed in the electronic record of the present suit in a format that is non-editable, so that the same can be viewed by the court during the hearing.
13. With the aforesaid directions, this application stands disposed of. I.A. 25973/2025 (seeking permission to file additional documents)
14. This is an application filed by the Plaintiffs seeking leave to file additional documents under Order XI Rule 1(4) of CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ('Commercial Courts Act')] read with Section 151 CPC, within thirty (30) days.
15. The Plaintiffs, if they wish to file additional documents, will file the same within thirty (30) days from today, and they shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ('DHC Rules').
16. For the reasons stated in the application, the same is allowed.
17. Accordingly, the application is disposed of. CS(COMM) 1124/2025
18. Let the plaint be registered as a suit.
19. Issue Summons.
20. Summons be issued to Defendants through all permissible modes on filing of the process fee. Affidavit of service be filed within two (2) weeks.
21. The summons shall indicate that the written statement(s) must be filed within thirty (30) days from the date of receipt of the summons. The Defendants shall also file affidavit(s) of admission/denial of the documents 1 (2024) 5 SCC 815 CS(COMM) 1124/2025 Page 3 of 19 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 14/11/2025 at 20:52:45 filed by the Plaintiffs, failing which the written statement(s) shall not be taken on record.
22. The Plaintiffs are at liberty to file replication(s) thereto within thirty (30) days after filing of the written statement(s). The replication(s) shall be accompanied by affidavit(s) of admission/denial in respect of the documents filed by Defendants, failing which the replication(s) shall not be taken on record.
23. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
24. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
25. List before the learned Joint Registrar (J) on 09.12.2025.
26. List before Court on 27.03.2026.
I.A. 25971/2025(application under Order XXXIX Rule 1 and 2 CPC seeking interim injunction)
27. The present application under order XXXIX Rule 1 and 2, read with Section 151 of the CPC, has been filed by the Plaintiffs, seeking ex parte ad- interim injunction against the Defendants.
28. The underlying suit has been filed by the Plaintiffs seeking permanent injunction restraining infringement of copyright, passing of, rendition of accounts of profit, damages, and other ancillary reliefs.
29. Mr. Pravin Anand, learned counsel for the Plaintiffs, sets up the Plaintiffs' case as under:
29.1. Plaintiff No.1 is a corporation existing under the laws of the USA, and is a sister concern of Dassault Systèmes, France. Plaintiff No.1 was established to manage all business and legal matters, including Intellectual CS(COMM) 1124/2025 Page 4 of 19 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 14/11/2025 at 20:52:45 Property Rights with respect to its software, which is the subject matter of the present suit, i.e., SOLIDWORKS.
29.2. Plaintiff No.2 is the wholly owned subsidiary of Dassault Systèmes, France, and a sister concern of Plaintiff No.1. Plaintiff No.1 carries on its business activities in India through Plaintiff No.2. 29.3. The Plaintiffs are widely known for developing three-dimensional ['3D'] simulation Computer-Aided Design ['CAD'], Computer-Aided Manufacturing ['CAM'], and Computer-Aided Engineering ['CAE']. These software programs bring the entire process of designing, innovating, and manufacturing a product onto a computer system.
One such software programme of the Plaintiffs is SOLIDWORKS ['Plaintiffs' Software programs'], which is a CAD software aimed at modelling and simulating 3D solid products. 29.4. Plaintiff No.1 is the owner of the copyright in its software, i.e., SOLIDWORKS. All software programmes and user instruction manuals in respect thereof are 'literary works' capable of protection under the Copyright Act, 1957 ['Act of 1957']. The said literary works have been created and written for the Plaintiffs by their own employee during the course of their employment with the Plaintiffs, and therefore, as per the doctrine of' 'Work for hire', Plaintiff No. 1 is the 'first owner' of the said copyright as defined under the Act of 1957. 29.5. Plaintiffs operate on the basis of a licensing system, wherein the customers acquire the right to use the software and not ownership. Plaintiffs' Software programs are licensed through internet delivery, during which process the customer agrees to the terms of the Customer License and Online Services Agreement ['CLOSA'] prior to software installation for the CS(COMM) 1124/2025 Page 5 of 19 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 14/11/2025 at 20:52:45 requisite number of computers on which the software programme has been loaded/installed for concurrent use at its premises After the customer agrees to the terms of the CLOSA, authorised representatives of the Plaintiffs send the license key to the customer's registered e-mail address, following which the installation of the software is possible.
29.6. The Plaintiffs maintain an extensive and frequently updated database of all their licensees who have acquired valid licenses for the Plaintiffs' Software. Therefore, any person/entity using Plaintiffs' Software in a manner that goes beyond the CLOSA is in breach of contractual rights with the Plaintiffs, and will also have violated the intellectual property rights subsisting within the Plaintiffs' Software programs. 29.7. The Plaintiffs keep a check on the security of their software by a technology called 'phone home' technology built into the Plaintiffs' software, which verifies whether the Plaintiffs' software is being used in accordance with the terms of the CLOSA or not. Overview of the Defendants 29.8. Defendant No. 1/Mr. Shashikant Sharma, a director of Defendant No. 2, has been directly responsible for making several decisions on behalf of the Defendants during the course of his duties, including but not restricted to, the purchase of IT-cum-software products, dealing with matters concerning software licensing gaps, etc., and he had knowledge of Defendant No. 2's unauthorised use of Plaintiffs' software. 29.9. Defendant No. 2/Samgo Engineering Pvt. Ltd., incorporated in 2018, is engaged in manufacturing, exporting, and providing services for a range of industrial products that find applications in automobile, mechanical and CS(COMM) 1124/2025 Page 6 of 19 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 14/11/2025 at 20:52:45 various other industries.
Knowledge about Defendants' Infringement 29.10. In September 2021, the Plaintiffs learnt that the Defendants had been using pirated/unauthorised versions of Plaintiffs' Software programs on their computer systems for business/commercial purposes. 29.11.On conducting internal checks, the Plaintiffs discovered that the Defendants have been unauthorisedly using the Plaintiffs' software on over seven (7) machines.
29.12.The Plaintiffs issued a cease-and-desist notice on 10.09.2021 to the Defendants; thereafter, the Plaintiffs also requested a meeting with the Defendants to discuss the regularisation of usage by the Defendants in an amicable manner.
The Plaintiffs also tried to amicably settle the matter with the Defendants from September 2021 to December 2021; however, despite several calls and an escalation email, the Plaintiffs never received an appropriate response or any willingness to resolve the matter amicably from the Defendants.
29.13.In January 2023, the Defendants once again infringed the Plaintiffs' software programs on twelve (12) machines. Subsequently, from February 2023 to May 2023, the Plaintiffs sent multiple cease-and-desist communications requesting the Defendants to stop the infringement and amicably resolve the matter; however, to no avail. 29.14.In September 2025, the Plaintiffs noticed that the Defendants had increased their unauthorised installation of the Plaintiffs' software programs from initially seven (7) in 2021 to twenty seven (27) systems in 2025. 29.15.The Defendants have not taken any steps to pay the license fee to CS(COMM) 1124/2025 Page 7 of 19 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 14/11/2025 at 20:52:45 cover their unauthorised use of the Plaintiffs' software programs. The summary details of infringement mentioned in paragraph '37' of the plaint are reproduced below:
S. Mac Email Domain First instance Last instance Software No of No. Address of of Infringed Infring Infringement Infringement ements
1. cc3d82f104f samgoengineering.com 15/06/2019 03/09/2022 Solidworks 294 f, /3D CAD cc3d82f1040 0, cc3d82f1050 3
2. 8cdcd47e58 samgoengineering.com 24/06/2021 25/10/2023 Solidworks 21 08, /3D CAD 303a64832e b2
3. d09466f501 samgoengineering.com 02/12/2021 21/12/2024 Solidworks 21 9c, /3D CAD 5cea1d0eb46 6, 5cea1d0eb46 5
4. 105bada1dc samgoengineering.com 10/02/2022 10/06/2022 Solidworks 32 71, /3D CAD d481d7fe862 a
5. 0800205241 samgoengineering.com 24/03/2022 31/07/2025 Solidworks 1161 53, /3D CAD d84489d5fb 22, 90de809a10 56, 1400205241 53, 90de809a10 57, 90de809a10 54, 90de80b900 56, 90de809a10 55, 90de80a26fe 4, b4b024d231 af, 90de80a26fe 1, CS(COMM) 1124/2025 Page 8 of 19 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 14/11/2025 at 20:52:45 S. Mac Email Domain First instance Last instance Software No of No. Address of of Infringed Infring Infringement Infringement ements 1cbfceae5e4 a, 90de80a26fe 3, 90de80f7362 8, 64006a65c1 22, 1cbfcece58c 1, 3417ebbc71 49
6. 2477032ebc samgoengineering.com 24/05/2022 07/06/2022 Solidworks 3 04, /3D CAD d067e5400d bd
7. 98e743182c samgoengineering.com 06/06/2022 24/07/2024 Solidworks 74 3f, /3D CAD 802bf95c301 1
8. 1002b55e49 samgoengineering.com 12/08/2022 12/07/2025 Solidworks 50 de, /3D CAD f8cab858c92 d, 1002b55e49 db, 1002b55e49 da
9. 902e16a56d samgoengineering.com 08/09/2022 16/02/2023 Solidworks 10 a9, /3D CAD, dc215c878ac CATIA f, dc215c878a d0
10. c403a8a660f samgoengineering.com 20/09/2022 09/07/2025 Solidworks 373 2, /3D CAD c403a8a660e f, 088fc35b450 a, c403a8a660e e
11. ecb1d799b9 samgoengineering.com 27/09/2022 15/10/2022 Solidworks 3 0b, /3D CAD 4851b7154a c8
12. c475ab3d3d samgoengineering.com 19/10/2022 21/07/2025 Solidworks 404 e0, /3D CAD e4a8dfc7b18 e, CS(COMM) 1124/2025 Page 9 of 19 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 14/11/2025 at 20:52:45 S. Mac Email Domain First instance Last instance Software No of No. Address of of Infringed Infring Infringement Infringement ements c475ab3d3d df, c475ab3d3d e3
13. e4a8dfe561a samgoengineering.com 20/10/2022 11/06/2024 Solidworks 87 0, /3D CAD 3c219cfdd71 0, 3c219cfdd70 c, 3c219cfdd70 d
14. e4a8dfe55bc samgoengineering.com 15/11/2022 28/03/2025 Solidworks 157 b, /3D CAD, 04cf4b9fdc7 CATIA 3, 04cf4b9fdc7 0, 04cf4b9fdc6 f
15. 58ce2a6853 samgoengineering.com 16/01/2023 24/072025 Solidworks 207 d9, /3D CAD 00155d30d8 ad, 58ce2a6853 d6, 58ce2a6853 d5, e4a8dfe480a 7
16. 387a0ef4bab samgoengineering.com 18/01/2023 11/07/2025 Solidworks 268 f, /3D CAD 387a0ef4bab e, 387a0ef4bac 2, e4a8dfe4fd2 4, e4a8dfc580c 7
17. f89e94f4d6b samgoengineering.com 13/03/2023 29/07/2025 Solidworks 620 a, /3D CAD f89e94f4d6b 6, f89e94f4d6b 7, e4a8dfc7b92 b
18. 088fc3cb6b7 samgoengineering.com 15/03/2023 12/07/2023 Solidworks 62 d, /3D CAD 14755b43e5 CS(COMM) 1124/2025 Page 10 of 19 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 14/11/2025 at 20:52:45 S. Mac Email Domain First instance Last instance Software No of No. Address of of Infringed Infring Infringement Infringement ements 64, 14755b43e5 63
19. f875a4d1f64 samgoengineering.com 13/04/2023 30/07/2025 Solidworks 566 c, /3D CAD ac675dc52b 5a, ac675dc52b 5b, ac675dc52b 5e
20. c809a853ed samgoengineering.com 01/05/2023 13/07/2025 Solidworks 274 06, /3D CAD c809a853ed 09, e8d8d1321a 12, c809a853ed 05
21. 98597ae0ff7 - 13/09/2023 27/10/2023 Solidworks 14 4, /3D CAD 088fc3e0079 8, 98597ae0ff7 5, 98597ae0ff7 8
22. 98597ae366 samgoengineering.com 13/09/2023 28/06/2025 Solidworks 29 af, /3D CAD 98597ae366 ab, 98597ae366 ac, 088fc3e227f 3
23. 581cf8391c1 outlook.com, 13/09/2023 16/07/2025 Solidworks 108 0, samgoengineering.com /3D CAD 581cf8391c1 3, 088fc3e0059 b, 581cf8391c0 f
24. 04ecd84e6ec samgoengineering.com 25/09/2023 08/07/2025 Solidworks 215 6, /3D CAD 04ecd84e6ec 5, 04ecd84e6ec 9, bceca00cf2c 8 CS(COMM) 1124/2025 Page 11 of 19 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 14/11/2025 at 20:52:45 S. Mac Email Domain First instance Last instance Software No of No. Address of of Infringed Infring Infringement Infringement ements
25. c43d1accb80 samgoengineering.com 05/10/2023 31/07/2025 Solidworks 489 2, /3D CAD c43d1accb80 3, c43d1accb80 6, bceca0155da 9
26. 784561c63c samgoengineering.com 04/12/2023 03/09/2024 Solidworks 71 a2, /3D CAD 784561c63c a1, c85b76da23 33
27. bceca00ccd7 samgoengineering.com 02/04/2024 10/11/2024 Solidworks 36 c, /3D CAD 04ecd84e6e6 b, 04ecd84e6e6 f Total Systems: 27 Total Hits - 5649 29.16.Thereafter, in October 2025, the Plaintiffs availed the services of an independent investigator, who conducted a telephonic investigation of two individuals (a current employee and an ex-employee of Defendant No. 2 company), who admitted that around seven (7) employees have been using the Plaintiffs' software programs.
30. Mr. Pravin Anand, learned counsel, states that the Plaintiffs are aggrieved by the Defendants' deliberate use of pirated/unauthorised versions of Plaintiffs' SOLIDWORKS software program, rather than procuring genuine licenses of the Plaintiffs' software program, the Defendants have infringed the Plaintiffs' copyright subsisting in the aforesaid programs.
31. He states that on a bare perusal of the Plaintiffs' infringement report and the aforesaid table, it is evident that a total of '5649' infringement hits were generated from June 2019 till July 2025. The email domain CS(COMM) 1124/2025 Page 12 of 19 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 14/11/2025 at 20:52:45 'samgoengineering.com' observed in the infringement report belongs to Defendant No.2 company.
32. He states considering the quantum, pattern, and frequency of the Defendants' infringing use of the Plaintiffs' software program, it is not out of place to speculate that the Defendants continue to engage in the rampant use of pirated/unauthorized use of Plaintiffs ' software programs and may have more computer systems than the ones identified in the table above in Paragraph '29.15' by circumventing the security mechanisms of the software to disallow the transmission of infringement hits to the Plaintiffs. 32.1. He, however, states that Defendant No.2 has one perpetual license of the Plaintiffs' Software program, which was bought by the Defendant on 01.01.2021. He states that, insofar as the perpetual license granted in favour of Defendant No. 2 is concerned, the Plaintiffs raise no objection to the same and do not wish to interfere with the rights granted to Defendant No.2 in virtue of the said license.
Court's Findings
33. This Court has heard the learned counsel for the Plaintiffs and perused the record.
34. The statement of the Plaintiffs that they will not cause any obstruction in the Defendants' continuing use of the one perpetual license of SolidWorks software programs due to the pendency of these proceedings is taken on record and they are bound down to the same.
35. Upon perusal of the materials on record, including the details of infringement of the Plaintiffs' software programs, shows that the Defendants have repeatedly and knowingly used unauthorised versions of the Plaintiffs' software. The infringement report discloses a substantial number of CS(COMM) 1124/2025 Page 13 of 19 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 14/11/2025 at 20:52:45 infringement hits over several years, with unauthorised installations increasing from seven (7) in 2021 to twenty-seven (27) in 2025. The Plaintiffs' independent investigation further reveals that the Defendants' employees regularly use pirated versions of the Plaintiffs' software.
36. It is prima facie evident that the Defendants, on multiple occasions and even after receipt of cease-and-desist notices, have continued to infringe the Plaintiffs' copyright in the SOLIDWORKS program. Such consistent and continuing unauthorised use is neither isolated nor inadvertent, but clearly indicative of mala fide intent.
37. In view of the averments made in the plaint and submissions made by the learned counsel for the Plaintiff, a prima facie case is made out in favour of the Plaintiff for the grant of an ex parte ad interim injunction. Balance of convenience is also in favour of the Plaintiff. Irreparable loss, harm and injury would be caused to the Plaintiff if the Defendants are allowed to continue use of pirated/unauthorised versions of Plaintiffs' SOLIDWORKS software program.
38. Accordingly, till further orders, the Defendants, their principal officers, directors, agents, franchisees, servants, and all others acting for and on their behalf at the Defendants ' premises, are hereby restrained from:
i. 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 SOLIDWORKS software program or reproducing and distributing any pirated/unlicensed/unauthorized software of the Plaintiffs in contravention of the terms of the Customer License and Online Services Agreement (CLOSA) or infringing in any CS(COMM) 1124/2025 Page 14 of 19 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 14/11/2025 at 20:52:45 other manner or causing or enabling or assisting others to infringe the copyrights of the Plaintiffs' 'SOLID WORKS' software and their various versions or any other software programs developed by the Plaintiffs in any manner;
ii. 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 their software programs, including SOLIDWORKS and its various versions and software-related documentation or any other software programs developed by the Plaintiffs.
39. The aforesaid restraint does not affect the continuing use one license purchased by Defendant.
40. Issue notice to the Defendants, through all permissible modes, upon filing of process fees, returnable on the next date of hearing.
41. Reply be filed within four (4) weeks from receipt of notice. Rejoinder thereto, if any, be filed within four (4) weeks thereafter.
42. In view of the fact that the plaintiffs have sought appointment of Local Commissioners to seize the infringing product, the very purpose of the grant of ex parte ad interim injunction would be defeated if the defendants are given notices contemplated in Order XXXIX Rule 3 of CPC prior to the execution of the commission. Hence, it is directed that the plaintiffs shall serve notice under Order XXXIX Rule 3 of CPC at the time of execution of the Local Commission, which shall not be later than three (3) weeks from today.
43. List before the learned Joint Registrar (J) on 09.12.2025.
44. List before Court on 27.03.2026.
CS(COMM) 1124/2025 Page 15 of 19This 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 14/11/2025 at 20:52:45 I.A. 25972/2025 (for appointment of Local Commissioner)
45. This is an application filed under Order XXVI, Rules 4, 9, and 10, and Order 39 Rule 7 read with Section 151 of CPC, seeking appointment of a Local Commissioner.
46. In order to ensure that the injunction is fully complied with and to preserve the evidence of infringement, this Court deems it appropriate to appoint one Local Commissioner, the appointment is confined thereto. S.NO ADDRESS Name of Local Commissioner
1. Samgo Engineering Private Mr. Gurpreet Singh Limited- Plot No. 367, Udyog E. No. D/10390/2022 Vihar, Phase VI, Sector 37, P. No. 9877135434 Gurugram, Haryana- 122001, India. E. ID.
47. The mandate of the Local Commissioner is as under:
i. The Local Commissioner, along with a representative of the Plaintiffs (along with two (2) technical experts) and their counsel, shall be permitted to enter upon the premises of the Defendants mentioned hereinabove, or any other location/premises that may be identified, during the course of the commission, in order to conduct the search and seizure.
ii. The Local Commissioner shall inspect the Hard Disks of the computers, compact discs and/or other storage/replicating media, with the help of Technical Experts of the Plaintiffs and determine if the aforesaid storage/ replicating media contain pirated/counterfeit/ unlicensed versions of the Plaintiffs' software programmes.CS(COMM) 1124/2025 Page 16 of 19
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 14/11/2025 at 20:52:45 iii. The evidence of any of the Plaintiffs' programmes, which may be available on the Defendants' system, shall be copied on a hard drive and the computers shall be released back to the Defendants, provided they give an undertaking to pay the license fee to the Plaintiffs as may be determined by this Court, upon entering appearance in the matter. The Local Commissioner shall get the said undertaking executed by the Defendants. iv. The Local Commissioner, with the help of Technical Experts of the Plaintiffs, shall prepare audit reports/license summaries/inventories of the aforesaid storage/replicating media. v. If the computers and/or other storage/replicating media of the Defendants are password protected, the Defendants shall make accessible the said password(s) so as to enable the Local Commissioner to execute the commission. vi. In case, the Defendants are unwilling to furnish an undertaking to the Local Commissioners stipulated at (iii) above, the Local Commissioner shall seize ·and seal the computer CPUs, compact discs, and/or other storage/replicating media as found to contain unlicensed/pirated/counterfeit versions of any of the Plaintiffs software programs and return the said seized and sealed items on superdari to the Defendants with a direction to produce the same before this Court, without tampering with them in any manner, as and when directed by this Court.
vii. The Local Commissioner is permitted to take photographs and video-graph of the proceedings of the commission, if it is deemed appropriate.CS(COMM) 1124/2025 Page 17 of 19
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 14/11/2025 at 20:52:45 viii. Both parties shall provide assistance to the Local Commissioner for carrying out the aforesaid directions. ix. In case the premises are found locked, the Local Commissioner shall be permitted to break open the lock(s). To ensure an unhindered and effective execution of this order, the Station House Officer (SHO) of the jurisdictional Police Station is directed to render all assistance and protection to the Local Commissioner as and when sought.
x. After the execution of the commission, the Defendants are free to approach the Court within a period of two (2) weeks, if they intend to obtain the license of the Plaintiffs' software.
48. The order passed today shall be communicated by the Local Commissioners to the Defendant.
49. The local commission is to be executed within three (3) weeks from today. The extended time is granted in view of the intervening Diwali vacation. The Local Commissioner shall file the report within a period of three (3) weeks from the date on which the commission is executed.
50. If the Defendants exercise the option enlisted at paragraph 46(iii), the Defendants will be free to negotiate with the Plaintiffs and its representatives for the purpose of obtaining the licenses. However, if the Defendants do not obtain licences from the Plaintiffs and also do not approach the Court within a period of three (3) weeks after execution of the commission, the Plaintiffs are free to move an application seeking sealing of the computer systems of the Defendants.
CS(COMM) 1124/2025 Page 18 of 19This 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 14/11/2025 at 20:52:45
51. The fee of the Local Commissioner is fixed at Rs. 2,00,000/-, excluding out-of-pocket expenses, travel expenses, and accommodation expenses, etc., which are to be borne by the Plaintiffs.
52. The order passed today shall not be uploaded for a period of three (3) weeks to enable the execution of the commission.
53. Either the learned counsel for the Plaintiff or the learned Local Commissioner is directed to collect a certified copy of this order from the Registry (Dispatch Branch) before execution of the Commission.
54. The learned Local Commissioner shall carry the certified copy of this Order for execution of the Commission, and a copy of the same shall be served upon the Defendant by the learned Local Commissioner at the time of the execution of the Commission.
55. Coloured Copy of this order to be given dasti under the signatures of the Court Master.
MANMEET PRITAM SINGH ARORA, J OCTOBER 16, 2025/ck/aa CS(COMM) 1124/2025 Page 19 of 19 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 14/11/2025 at 20:52:45