Thinvent Technologies Private Limited vs Inp Technologies Limited & Ors on 18 December, 2025

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Delhi High Court - Orders

Thinvent Technologies Private Limited vs Inp Technologies Limited & Ors on 18 December, 2025

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                          $~57
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 1359/2025&I.As. 31747-52/2025
                                    THINVENT TECHNOLOGIES PRIVATE LIMITED.....Plaintiff
                                                 Through: Mr. Anirudh Bakhru, Mr. Himanshu
                                                          Deora, Ms. Shambhavi Sharma, Mr.
                                                          Sanat Saswadkar, Mr. Abhigyan
                                                          Pandey    and    Ms.   Shambhavi
                                                          Bhardwaj, Advocates

                                                                  versus

                                    INP TECHNOLOGIES LIMITED & ORS.                                                 .....Defendants
                                                 Through: None

                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                            ORDER

% 18.12.2025 I.A. 31752/2025(seeking exemption from advance notice on Defendant nos. 4 and 5)

1. This is an application filed under Section 80 of the Code of Civil Procedure, 1908 ('CPC') read with Section 151 of the CPC seeking exemption from serving statutory notice on Defendant Nos. 4 and 5.

2. In view of the fact that the Plaintiff has sought an ex-parte ad-interim injunction along with the appointment of a Local Commissioner, the exemption from effecting the statutory notice upon the Defendant Nos. 4 and 5 is granted. Moreover, Defendant nos. 4 and 5 are proforma parties and the main reliefs are not prayed against them.

3. Accordingly, the application stands disposed of. I.A. 31751/2025(seeking exemption from serving advance suit papers on the CS(COMM) 1359/2025 Page 1 of 12 This is a digitally signed order.

4. This is an application under Section 151 of CPC, seeking exemption from serving advance suit papers on the Defendant Nos. 1 to 5.

5. In view of the fact that the Plaintiff has sought an ex-parte ad-interim injunction along with the appointment of a Local Commissioner, the exemption from effecting advance service upon the Defendants is granted.

6. Accordingly, the application stands disposed of. I.A. 31750/2025(seeking exemption from pre-institution mediation)

7. This is an application filed under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from instituting pre-litigation mediation.

8. Having regard to the fact that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiff.

9. Accordingly, the application stands disposed of. I.A. 31749/2025(seeking leave to file additional documents)

10. This is an application 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.

11. The Plaintiff, if it wishes to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the 1 (2024) 5 SCC 815 CS(COMM) 1359/2025 Page 2 of 12 This is a digitally signed order.

12. For the reasons stated in the application, the same is allowed.

13. Accordingly, the application is disposed of.

CS(COMM) 1359/2025

14. The present suit has been filed for permanent and mandatory injunction restraining infringement of copyright and other ancillary reliefs against the Defendants.

15. Let the plaint be registered as a suit.

16. Summons be issued to Defendant nos. 1 to 3 by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.

17. 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 filed by the Plaintiff, failing which the written statement(s) shall not be taken on record.

18. The Plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement(s). The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by Defendants, failing which the replication shall not be taken on record.

19. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

20. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

21. No summons is being issued to Defendant nos. 4 and 5, since they are CS(COMM) 1359/2025 Page 3 of 12 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 09/01/2026 at 20:33:27 proforma parties. However, if Defendant nos. 4 and 5 elect to contest the suit, summons will be issued to them to file their written statement.

22. List before the learned Joint Registrar (J) on 02.02.2026.

23. List before Court on 20.05.2026.

I.A. 31747/2025(under Order XXXIX Rule 1 and 2 CPC)

24. This is an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC seeking ex parte ad-interim injunction against the Defendants.

25. Mr. Anirudh Bakhru, learned counsel for the Plaintiff has set up the case of the Plaintiff as follows:

25.1 The Plaintiff is a manufacturer and supplier of specialized computing solutions including Thin Clients, Mini PCs, and All-in-One Computers, with particular expertise in developing proprietary software solutions for railway applications, investing substantial resources in creating original software solutions specifically designed for Indian Railways applications. It has been working in collaboration with Centre for Railway Information Systems ['CRIS'] since 2007.

25.2 Plaintiff is the original author, developer, and owner of copyrighted software used in Thin Client systems for railway applications which includes software libraries, proprietary user interfaces, system configurations, operational protocols and specialized code architecture. 25.3 Plaintiff's copyrighted software contains specific identifiers, including references to its copyright owner's name embedded within the code structure, unique user interface designs, proprietary security protocols, and distinctive operational sequences that serve as clear indicators of the Plaintiff's authorship.

CS(COMM) 1359/2025 Page 4 of 12

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 09/01/2026 at 20:33:27 25.4 Plaintiff's software solutions i.e., 'THINVENT MANAGEABILITY AND PRODUCTION AUTOMATION SOFTWARE SUITE' and 'EMULATION SOFTWARE' ['subject works'] are registered and protected under the Copyright Act, 1957. Details of the copyright registrations of subject works owned by the Plaintiff are mentioned at paragraph 18 of the plaint.

25.5 Plaintiff is the sole and exclusive owner of the intellectual property rights, including but not limited to copyright, in its proprietary subject works and has granted limited, non-transferable licenses for use of its subject works to certain manufacturers of computer hardware, including but not limited to VXL Instruments Limited under strict licensing arrangements2. 25.6 Plaintiff's subject works incorporates unique user-friendly interface and functional implementation to ease the work of the railway employees and for the consumers without any training, which has lead the Plaintiff to a total revenue of Rs. 5,59,63,738/- for the financial year 2023-2024. 25.7 It is stated that the grievance of the Plaintiff in this suit is the unauthorized use of the Plaintiff's subject works by the Defendant Nos. 1, 2and 3 in the devices supplied to Defendant Nos. 4 and 5. 25.8 Defendant No. 1 is engaged in the business of manufacturing Thin Clients, Desktops, All-In-One Computers, Laptops, and workstation solutions and claims to be engaged in cloud-based computing technology. 25.9 Defendant No. 2 is engaged in the business of supplying Thin Clients and Computer Equipment to various railway divisions as a reseller and distributor. This Defendant is distributing and selling Thin Client products manufactured by Defendant No. 1 which contain the Plaintiff's unlicensed 2 Licensing arrangements mentioned at paragraph 20 of the plaint.

CS(COMM) 1359/2025 Page 5 of 12

This is a digitally signed order.

25.10 Defendant No. 3, i.e., Thin PC Technology Private Limited, is believed to be engaged in the business of manufacturing, importing, trading, supplying, and providing services in the fields of computers, networking, sales, services, and Thin Client technology. It is believed that the said Defendant in collusion with Defendant no. 1is engaged in the infringement activity by the fact that the expression 'Thin PC' appears upon booting process of Defendant No. 1's Thin Client installed in the premises of Defendant Nos. 4 and 5.

25.11 Defendant Nos. 4 and 5 are pro forma parties as the subject software is being used on the devices supplied/installed by Defendant No. 2 on the premises of Defendant Nos. 4 and 5. It is stated that the said Defendants have been impleaded for implementation of the local commission.

26. It is stated that in and around late November, 2025 Defendant No. 4 requested service support for the Plaintiff's manufactured Thin Client; a designated support engineer from one of the Plaintiff's resellers, visited the Defendant No. 4's premises to provide necessary technical assistance.

In addition to this, the Defendant No. 4 also requested the deputed engineer to look into the Thin Clients manufactured by Defendant No. 1 and supplied/installed by Defendant No. 2. It is stated that upon examination of the Defendant No. 1's Thin Clients, the Plaintiff's deputed engineer found that the said devices were being run on Plaintiff's subject works and this was unauthorized.

26.1 It is stated that the Plaintiff's deputed engineer upon discovering the subject work on the Thin Clients executed a diagnostic command, which confirmed that the software installed in Defendant No. 1's devices was in CS(COMM) 1359/2025 Page 6 of 12 This is a digitally signed order.

i. The Defendant No. 1's device was displaying the names -

'Thinvent Technologies Private Limited'[Plaintiff] and 'Saurabh Initial Version' within the source code.

It is stated that Mr. Saurabh is the author of the subject works and one of the Directors of the Plaintiff Company. ii. The start-up sequence of the Defendant No. 1's device contained references to 'Thin PC', indicating the involvement of the Defendant No. 3 and also demonstrating that the device was operating using the Plaintiff's underlying software architecture. Screenshot(s) of the relevant extracts are provided at paragraph 33 of the plaint.

iii. And, upon further enquires by the Plaintiff, it was found that Defendant No. 3's devices are also installed at least two of the locations, which fall under the Defendant No. 5's premises.

27. Learned counsel for the Plaintiff submits that the source code of the Defendant No. 1's devices clearly establishes that Defendant No. 1, in connivance with Defendant No. 3, has dishonestly copied the Plaintiff's copyrighted software on the Thin Clients installed at the premises of the Defendant Nos. 4 and 5 rather than investing in original development, thereby unlawfully appropriating Plaintiff's subject works. 27.1 He states that Defendant Nos. 1, 2 and 3 continue to market and sell products containing the Plaintiff's subject works without authorization, causing harm to the Plaintiff's business interests and intellectual property rights.

CS(COMM) 1359/2025 Page 7 of 12

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 09/01/2026 at 20:33:27 27.2 He states that deployment of infringing products in railway operations poses risks to system integrity and operational efficiency, as these products have not undergone proper testing and certification by the original developer.

28. This Court has heard the counsel for the Plaintiff and perused the record.

29. Upon perusal of the materials on record, including the details of infringement of the Plaintiff's subject works and submissions made by the learned counsel for the Plaintiff, it prima facie shows that the Plaintiff's proprietary subject works are installed on the Thin Clients supplied/installed by Defendant No. 2 at the premises of Defendant Nos. 4 and 5. In view of the fact that the devices are manufactured by Defendant No. 1 and upon booting the system the name of Defendant No. 3 appears, the Plaintiff has made out a cause of action against the said Defendants.

30. In view of the averments made above, 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 unauthorized use of Plaintiff's subject works.

31. Consequently, until the next date of hearing Defendant No. 1 to 3 , their directors, partners, officers, associated/affiliated entities, subsidiaries, distributors, dealers, employees, agents or anyone acting for and on their behalf are refrained from i. Directly or indirectly reproducing, copying, installing, deploying, distributing, marketing, supplying, selling or using in any manner whatsoever (including in the devices which are deployed within the CS(COMM) 1359/2025 Page 8 of 12 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 09/01/2026 at 20:33:27 Railway Premises), the Plaintiff's copyrighted Thin-Client software i.e., the 'THINVENT MANAGEABILITY AND PRODUCTION AUTOMATION SOFTWARE SUITE' and the 'EMULATION SOFTWARE', or any version, derivative, adaptation or reproduction thereof, in any device whatsoever, thereby amounting to infringement of Plaintiff's copyright.

ii. Directly or indirectly disposing of, altering, tampering with, destroying, deleting, wiping, modifying or otherwise dealing with any infringing thin-client devices, associated storage media, system logs, boot files, software images, configuration records, installation data, internal communications, maintenance logs, supply documents or any other material that may contain evidence of the Defendants' infringing activities or traces of the Plaintiff's subject works.

32. Issue notice to Defendant Nos. 1 to 5, through all permissible modes, upon filing of the process fees, returnable on the next date of hearing. In addition, through the standing counsel, Union of India to Defendant nos. 4 and 5.

33. Reply be filed within (4) weeks from the receipt of notice. Rejoinder thereto, if any, be filed within four (4) weeks thereafter.

34. In view of the fact that the Plaintiff has sought appointment of Local Commissioners to inspect the devices installed at the premises of Defendant Nos. 4 and 5, the very purpose of grant of ex parte ad interim injunction would be defeated if the Defendant No. 1 to 3 are given notices contemplated in Order XXXIX Rule 3 CPC prior to the execution of the commission. Hence, it is directed that the Plaintiff shall serve notice under CS(COMM) 1359/2025 Page 9 of 12 This is a digitally signed order.

35. List before the learned Joint Registrar (J) on 02.02.2026.

36. List before Court on 20.05.2026.

I.A. 31748/2025(for appointment of Local Commissioners)

37. This is an application filed under Order XXVI Rules 9 and 10 and Order XXXIX Rule 7 CPC read with Section 151 of CPC for appointment of a Local Commissioner.

38. Learned counsel for the Plaintiff states that Local Commissioner's appointment is necessary to secure evidence of unauthorized installation of Plaintiff's software on the devices supplied by Defendant No. 2. He states that otherwise upon being served with the injunction order, Defendant Nos. 1, 2 and 3 may succeed in re-formatting the devices.

39. 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 two (2) Local Commissioners, the appointment is confirmed thereto.

                                SL. No.          ADDRESS                                           Name of Local Commissioner
                                   1.            Booking      Office,    Lucknow                   Mr. Zameem Ahmad Khan
                                                 Charbagh      (LKO)      Station,                 M. No. 9650006732.
                                                 Northern Railways, Lucknow,
                                                 Uttar Pradesh, India.['Defendant
                                                 No. 4's premises']
                                    2.           Booking     Office,   Churchgate                  Mr. Sarsij Kumar.
                                                 Railway      Station,    Western                  M. No. 9650006723.
                                                 Railways, Mumbai, Maharashtra,
                                                 India. [Defendant No. 5's
                                                 premises']


                          Directions for the purpose of Local Commission

40. The mandate of the Local Commissioners is as under:

CS(COMM) 1359/2025 Page 10 of 12

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 09/01/2026 at 20:33:27 i. The Local Commissioners, along with a representative of the Plaintiff (along with one (1) technical expert) and their counsel, shall be permitted to enter upon the premises of the Defendant Nos. 4 and 5 mentioned hereinabove. ii. The Local commissioners are directed to visit the premises of the Defendant Nos. 4 and 5 and inspect 'Thin Client' devices supplied by Defendant Nos. 1, 2 and 3, and retrieve by copying the following on an external device (Pen drive or Hard Drive):

1. Source code, binary files, scripts, configurations and associated files of the software being used on such devices;

2. Programme and Directory Files of the software;

3. Algorithm;

4. Database Schema;

5. Entire "/etc" and "/usr" folders containing system-wide configuration files; and

6. Search for specific terms - 'Thinvent', 'Saurabh' and 'Thinux' in the file system of the software using the 'grep' command, and store any file found in the search.

7. Take screenshots and videos of the booting process as well as the layout and display of the thin client devices.

iii. The Local commissioners will ensure that no proprietary data of the Indian Railways is being copied during the commission. iv. The Local Commissioners, with the help of Technical Experts of the Plaintiff, 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. The Local Commissioner is permitted to take photographs and video-

graph of the proceedings of the commission, if it is deemed appropriate. vii. Defendant No. 4 and 5 shall provide assistance to the Local Commissioners for carrying out the aforesaid directions. viii. The local commission will be conducted peacefully.

CS(COMM) 1359/2025 Page 11 of 12

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 09/01/2026 at 20:33:27

41. The order passed today, shall not be uploaded for a period of two (2) weeks for enabling the execution of the commissions.

42. The fee of the Local Commissioners is fixed at Rs. 2,00,000/- each; excluding out-of-pocket expenses, travel expenses, and accommodation expenses, etc., which are to be borne by the Plaintiff.

43. The Local Commissions shall be executed within two (2) weeks. The report of the Local Commissioners shall be filed within (2) weeks thereafter.

44. Either, the learned counsel for the Plaintiff or the learned Local Commissioner is directed to collect certified copy of this order from the Registry (Dispatch Branch) before for execution of the Commission.

45. 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 Defendants by the learned Local Commissioner at the time of the execution of the Commission.

46. In terms of the foregoing, the present application stands disposed of.

47. Copy of this order to be given dasti under the signatures of the Court Master.

MANMEET PRITAM SINGH ARORA, J DECEMBER 18, 2025/rhc/IB CS(COMM) 1359/2025 Page 12 of 12 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 09/01/2026 at 20:33:27

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