Delhi High Court - Orders
Bentley Systems Inc And Anr vs Dineshchandra Agrawal And Ors on 13 October, 2025
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1082/2025
BENTLEY SYSTEMS INC AND ANR .....Plaintiffs
Through: Mr. Rahul Beruar, Ms. Nidhi Jain, Mr.
Deepesh Bhardwaj, Ms. Manini Sidhu,
Mr. Apoorv Bansal and Ms. Bhoomika
Vershney, Advocates.
versus
DINESHCHANDRA AGRAWAL AND ORS .....Defendants
Through: Mr. Anuj Tiwari and Mr. Vaibhav
Vats, Advocates.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 13.10.2025 I.A. 25075/2025(Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 25076/2025(Extension of time to file Court Fees)
3. The present Application has been filed by the Plaintiffs under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking exemption from payment of Court Fees at the time of the filing of the Suit.
4. Considering the submissions made in the present Application, time of two weeks is granted to deposit the Court Fees.
5. The Application stands disposed of.
CS(COMM) 1082/2025 Page 1 of 15This 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 16/10/2025 at 21:54:32 I.A. 25074/2025 (Additional Documents)
6. The present Application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the Commercial Courts Act, 2015 ("CC Act") seeking leave to place on record additional documents.
7. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
8. Accordingly, the Application stands disposed of. I.A. 25073/2025(U/O XXXIX Rule 1 and 2 of CPC)
9. Issue Notice. The learned Counsel for the Defendants accepts Notice.
10. The Plaintiffs have filed the present Suit against the Defendants for permanent injunction restraining infringement of copyright, damages, rendition of account of profits, delivery up etc.
11. The learned Counsel for the Plaintiffs made the following submissions:
11.1. The Plaintiffs are in the business of providing infrastructure software solutions to engineers, architects, geospatial professionals, constructors, and operations of infrastructure.
One of the Plaintiffs' software programs is 'STAAD' ("STAAD") which is a comprehensive structural finite element analysis and design application that allows users to perform analysis on any structure exposed to static, dynamic, wind, earthquake, thermal, and moving loads. The Plaintiffs offer STAAD in different variations such as 'STAAD.Pro', 'STAAD.Pro Advanced', 'STAAD Structural WorkSuite'. 11.2. Another software program offered by the Plaintiffs, i.e., CS(COMM) 1082/2025 Page 2 of 15 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 16/10/2025 at 21:54:32 'ContextCapture' ("ContextCapture"), is used for producing 3D models of the existing conditions for use on infrastructure project, by using ordinary photographs. ContextCapture enables the users to quickly produce richly photo-textured 3D models of any scale from objects of a few centimetres to entire cities. ContextCapture further allows the users to integrate the said 3D models into any CAD or GIS workflow, including for native use within the Plaintiffs' other software applications. An ungraded version of ContextCapture i.e., 'ContextCapture Center' ("ContextCapture Center"), creats extremely large models, wherein the user is able to leverage grid computing to dramatically speed processing time by running multiple engines on several computers and associating them into a single job queue. ContextCapture and ContextCapture Center has been renamed and is currently offered as 'iTwin Capture Modeler' and 'iTwin Capture Modeler Center'.
11.3. The Plaintiffs' other software program namely 'PLAXIS' ("PLAXIS") is a risk management tool used to perform Finite Element Analyses ("FEA") of soil and rock deformation and stability for geotechnical projects. PLAXIS enables the geotechnical engineers to do analysis of excavations, embankments, ground improvement measures, foundations, tunnels, and other critical structures. PLAXIS is offered in two different versions, i.e., 'PLAXIS 2D' and 'PLAXIS 3D'. 'PLAXIS 2D' analyzes problems in simplified 2D plane or in axisymmetric conditions, focusing on a single cross-section, CS(COMM) 1082/2025 Page 3 of 15 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 16/10/2025 at 21:54:32 and 'PLAXIS 3D' models complex 3D structures and their interaction with soil, providing a more realistic and computationally intensive analysis. With 'PLAXIS 3D', geotechnical engineers can analyze surface and underground excavations, shallow, pile and offshore foundations, embankments, ground improvement measures, tunnels, consider static, dynamic or seismic loading and complex hydrological conditions with time-dependent water level and flow variations.
11.4. The Plaintiffs also offer a hydraulic modeling application for water distribution systems with advanced interoperability, geospatial model building, optimization, and asset management capabilities called 'OpenFlows WATERGEMS' ("OpenFlows WATERGEMS") which provides an easy-to-use environment for engineers to analyze, design, and optimize water distribution systems.
11.5. The Plaintiffs' software programs are 'works' that were first published in the United States of America ("USA") / countries which are a member of the Berne Convention, Universal Copyright Conventions and the World Trade Organisation's Trade-Related Aspects of Intellectual Property Rights Agreement. The copyrights in the software programs are registered in the USA. Since India and the USA are both member countries of the aforesaid conventions, the Plaintiffs' software programs are protected in India under Section 40 of the Copyright Act, 1957 ("Act") read in conjunction with the CS(COMM) 1082/2025 Page 4 of 15 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 16/10/2025 at 21:54:32 International Copyright Order, 1999.
11.6. The Plaintiffs' respective software programs, and all user instruction manuals included with it are covered under the definition of a 'literary work' and are entitled to copyright protection. These software programs have been developed for the Plaintiffs by their employees, during the course of their employment with the Plaintiffs. Plaintiff No. 1 is the owner of copyrights in the respective software programs developed through their employees and marketed in India by Plaintiff No.
2. Plaintiff No. 1, in accordance with the provisions of Section 14 and 17 of the Act has the exclusive right over the concerned software programs to reproduce, issue copies, make adaptations or translations, sell / rent / offer for sale, its software programs or authorize any of the aforesaid in accordance with the provisions of the Act.
11.7. The Plaintiffs have spent and continue to invest substantially in research and development of new software products and discovering new technologies and also towards advertising and promotion of their products, generating substantial global revenue.
11.8. The Plaintiffs' primary source of revenue is the license fee generated from grant of licenses in its software programs. The Plaintiffs' customer only acquires the right to use software contained in the compact disks / USBs, or any other portable or cloud storage medium and does not acquire any title in the software contained therein.
CS(COMM) 1082/2025 Page 5 of 15This 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 16/10/2025 at 21:54:32 11.9. The Plaintiffs' genuine software programs are licensed through internet delivery, during which process, the customer agrees to the terms of End-User License Agreement ("EULA") prior to software installation for the requisite number of computers on which this software has been loaded / installed or in concurrent use at its premises. After the customer agrees to the terms of the EULA, authorized representatives of the Plaintiffs send the license key to the customer's registered email address or in any other manner prevalent at the time, following which the installation of the software is possible. Thus, any entity which uses original licensed software must be in a position to produce evidence of payment and / or proof of having procured a requisite number of genuine licenses matching with the exact number of computers on which the said software has been downloaded / loaded / installed and / or in concurrent use at its premises.
11.10. The Plaintiffs also maintain a real time updated database of all its licensees, who have acquired valid licenses for the Plaintiffs' software programs and thus all entities who have the said valid software license would necessarily be part of the Plaintiffs' database. Any person / entity using the Plaintiffs' licensed software in a manner which goes beyond the EULA, would also be in breach of contractual rights in addition to violating the intellectual property rights subsisting within the software programs.
11.11. After incurring mounting losses to its business on account of CS(COMM) 1082/2025 Page 6 of 15 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 16/10/2025 at 21:54:32 piracy, the Plaintiffs invested substantial amounts to install security mechanisms into its software to detect whether the license key authorization system has been circumvented or misused in any manner. The security mechanism colloquially known as 'Phone-Home' is built into the Plaintiffs' software programs, which verifies whether the Plaintiffs' software programs are being used in accordance with the terms of the EULA. Information such as details of the software and the computer system on which it is installed i.e., the license key, software version, etc., and / or that the software is being used with a fake or a pre-existing unique license key, i.e., beyond the scope of EULA is crosschecked and the information as an incident report of an infringement is accordingly logged as 'infringement hit'.
11.12. The Plaintiffs receive several infringement hits daily and after verifying each infringement hit, the Plaintiffs take steps to identify the infringer; and establish contact with it to redress the losses incurred due to the infringement.
11.13. Defendant No. 1 is the Managing Director and Defendant Nos.
2 and 3 are the Directors of Defendant No. 4 as per the Company Master Data procured from the website of Ministry of Corporate Affairs, i.e., www.mca.gov.in. Defendant No. 4 as per its website, www.draipl.com seems to be an infrastructure development and construction company, engaged in the business of providing the services of development and construction in several fields like road and highways, bridge, CS(COMM) 1082/2025 Page 7 of 15 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 16/10/2025 at 21:54:32 flyover and grade separator, aviation, railways and metro-rail, building construction, water supply and water management, etc. 11.14. Defendant No. 1 besides being the Managing Partner of Defendant No. 3 is also a promoter of Defendant No. 4 along with Defendant Nos. 2 and 3 and are jointly and severally responsible for taking several decisions on behalf of Defendant No. 4 including but not restricted to, purchase of IT and software products, dealing with matters concerning the software licensing gaps etc. 11.15. In January 2024, the Plaintiffs first received information from the market sources that the Defendants were using pirated / unauthorized versions of the Plaintiffs' software programs namely OPENROADS DESIGNER, STAAD and STAAD.Pro on their computer systems for business purposes. The Plaintiffs also checked their infringement portal which confirmed the same.
11.16. The Plaintiffs on 09.01.2024 accordingly issued a cease-and-
desist notice to the Defendants calling upon the Defendants to cease use of the Plaintiffs' unlicensed software programs and to regularize the usage by procuring legal licenses. Post various discussion spanning over three months, the Defendants on 18.03.2024 agreed to regularize their use of Plaintiffs' software program by procuring four perpetual licenses for STAAD.Pro with Select Subscription and one perpetual license for OPENROADS DESIGNER with Select Subscription. The said resolution, led the Plaintiffs to withdraw their cease-and-desist CS(COMM) 1082/2025 Page 8 of 15 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 16/10/2025 at 21:54:32 notice on 03.04.2024. Accordingly, the instant dispute is limited to the Defendants' use of pirated / unauthorized versions of the Plaintiffs' software programs STAAD and PLAXIS software which is beyond the scope of their existing and valid licenses and ContextCapture (iTwin) and OpenFlows WATERGEMS software for which the Defendants do not have any license. 11.17. The Plaintiffs in May 2025 again received information about the Defendants' unauthorized use of the Plaintiffs' software programs, which was confirmed by the Plaintiffs from their infringement portal. The Plaintiffs thereafter initiated mediation proceedings before the Delhi High Court Mediation and Conciliation Centre on 20.06.2025 with a view to once again resolving the issue amicably with the Defendants. 11.18. The mediation proceedings between the parties commenced on 07.07.2025 and continued till 02.09.2025, however, the Parties could not arrive at a resolution, and the proceedings were 'Not- Settled'. Post the failure of the mediation proceedings, the Plaintiffs checked their infringement portal to ascertain the Defendants' unauthorized use of the Plaintiffs' software programs and noticed that even during the subsistence of mediation proceedings, the Defendants continued their unauthorized use of the Plaintiffs' software programs evident from the Plaintiffs' infringement portal which captured several infringement hits against the Defendants' unauthorized use of the Plaintiffs' software programs including STAAD, PLAXIS, ContextCapture (iTwin), and OpenFlows WATERGEMS CS(COMM) 1082/2025 Page 9 of 15 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 16/10/2025 at 21:54:32 software programs. A table containing the findings of the Plaintiffs' infringement portal is reproduced below:
S. MAC Email Software Event No. of
No. Address(es) Domain Program Date(s) Infringement
Hits
1. 14d424a403e7[u]; outlook.com STAAD 14.11.2022 403
14d424a403e7 Foundation to
Advanced 11.09.2025
Connect,
STAAD
RCDC,
STAAD.Pro
2. 505a657da665; outlook.com PLAXIS 2D 03.06.2025 6
0ca73821c9c1[u] to
26.08.2025
3. 28a06b9d052b; draipl.com iTwin 09.12.2024 209
28a06b9d052b[d] Analytical to
Synchronizer, 14.05.2025
STAAD
RCDC,
STAAD.Pro
4. 200b749152ed draipl.com
17.03.2025 PLAXIS 3D 21
to
02.05.2025
5. ec91613c51lb; draipl.com STAAD.Pro 13.01.2025 5
60cf84d1427d[d] to
16.01.2025
6. e4b3181f43d9; draipl.com PLAXIS 2D 09.10.2024 16
847beb32f0a9[ d] to
02.01.2025
7. f46adde906e7; draipl.com OpenFlows 17.07.2024 11
088fc3d8b994[d] WATERGEMS to
13.12.2024
8. dc4546db6686; outlook.com PLAXIS 2D 27.10.2024 10
28c5c83ea824[d] to
10.11.2024
11.19. The Plaintiffs' infringement portal showed that the Defendants CS(COMM) 1082/2025 Page 10 of 15 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 16/10/2025 at 21:54:32 have been using the unauthorized versions of the Plaintiffs' software programs on around eight machines. The email domain of the Defendants, i.e., draipl.com was also captured by the infringement portal against five computer systems of the Defendants. Upon conducting a search on WHOIS domain lookup for the domain name draipl.com, the same was found to be registered in the name of Defendant No. 4.
11.20. The last infringement hit as captured by the Plaintiffs' infringement portal was of 11.09.2025, whereafter, no further infringement hit has been generated against the Defendants' computer systems. However, the Phone-Home tool, a security mechanism embedded in the Plaintiffs' software programs is only able to communicate with the Plaintiffs' servers through an internet connection, in absence of which the Phone-Home tool has no means to communicate the infringing data to the Plaintiffs' home server. Therefore, it is possible that the Defendants might be using the Plaintiffs' software programs on computer systems which are not connected to the internet resulting in non-recordal of some of the infringing hits in Plaintiffs' database. Therefore, the quantum of the Defendants' infringing activities may be much more than recorded in the Plaintiffs' database.
11.21. The Defendants have been knowingly using pirated / unauthorized versions of the Plaintiffs' genuine software program, and thus, the Defendants have infringed Plaintiff No. 1's copyright subsisting in the said software programs.
CS(COMM) 1082/2025 Page 11 of 15This 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 16/10/2025 at 21:54:32 11.22. The Defendants' infringing activities are causing harm to the Plaintiffs and resulting in unjust enrichment to the Defendants. The Plaintiffs thus have a prima facie case against the Defendants. The balance of convenience lies in favour of the Plaintiffs and against the Defendants. The Defendants have wilfully and solely with mala fide, engaged in the fraudulent, illegal and unauthorized activities violating the copyright in the software programs ContextCapture (iTwin), STAAD, PLAXIS, and OpenFlows WATERGEMS and versions thereof causing damages as well as adversely affecting the Plaintiffs' reputation and goodwill resulting in irreparable losses to the Plaintiffs in terms of revenue and reputation which cannot be compensated in monetary terms alone.
12. The learned Counsel for the Defendants submits that the Defendants undertake to not use pirated / unlicensed software programs of the Plaintiffs namely ContextCapture (iTwin), STAAD, PLAXIS, and OpenFlows WATERGEMS and / or any other software program and their various versions developed by the Plaintiffs in any manner amounting to infringement of the Plaintiffs' original copyrighted software programs and software related documentation and are willing to suffer an order of temporary injunction.
13. Having considered the submissions made by the Parties and the material placed on record, this is a case where the Defendants' unauthorized installation and use of pirated and unlicensed versions of the Plaintiffs' software programs namely ContextCapture (iTwin), STAAD, PLAXIS, and OpenFlows WATERGEMS is not accidental or casual. The infringement reports generated through the security mechanism of the Plaintiffs embedded CS(COMM) 1082/2025 Page 12 of 15 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 16/10/2025 at 21:54:32 in the Plaintiffs' software programs, shows that the Defendants have been repeatedly and knowingly using unauthorized versions of the Plaintiffs' software programs.
14. The infringement data has captured multiple infringement hits emanating from the Defendants' computer systems bearing their domain name, draipl.com spanning over several months. The persistence of such hits, even during the pendency of mediation proceedings initiated to resolve the dispute amicably, demonstrates the Defendants' continued and wilful infringing activity.
15. Accordingly, a prima facie case has been made out by the Plaintiffs for grant of an ad-interim injunction. Balance of convenience is in favour of the Plaintiffs and against the Defendants. Irreparable injury would be caused to the Plaintiffs if the Defendants are allowed to continue to use the Plaintiffs' software programs namely ContextCapture (iTwin), STAAD, PLAXIS, and OpenFlows WATERGEMS.
16. Accordingly, the present Application is allowed and it is directed that the Defendants, their agents, franchisee, servants and all others acting for and on their behalf from directly or indirectly are restrained from copying, reproducing, storing, installing, and / or using pirated / unlicensed software programs and from formatting the software related documentation, computer systems and / or erasing any data, log files, installations, etc. pertaining to assisting others to infringe the copyrights subsisting in the Plaintiffs' software programs namely ContextCapture (iTwin), STAAD, PLAXIS, and OpenFlows WATERGEMS and / or any other software program and their various versions developed by the Plaintiffs in any manner amounting to infringement of the Plaintiffs' original copyrighted software programs and CS(COMM) 1082/2025 Page 13 of 15 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 16/10/2025 at 21:54:32 software related documentation.
17. The present Application stands disposed of.
CS(COMM) 1082/2025
18. Let the Plaint be registered as a Suit.
19. Issue Summons. The learned Counsel for the Defendants accepts the Summons.
20. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.
21. Liberty is granted to the Plaintiffs to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.
22. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
23. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
24. List before the learned Joint Registrar on 02.12.2025 for completion of service and pleadings.
25. The learned Counsel for the Parties submit that Parties are willing to explore the possibility of an amicable settlement through Mediation before a Senior Mediator.
CS(COMM) 1082/2025 Page 14 of 15This 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 16/10/2025 at 21:54:32
26. Accordingly, the Parties are referred to Delhi High Court Mediation & Conciliation Centre ("DHCMCC"). The Parties shall appear physically before the DHCMCC on 17.10.2025 at 2:30 PM. The DHCMCC is requested to appoint a learned Senior Mediator. The Parties agree that their representatives shall have an authority to take decisions. The Parties shall try to conclude the Mediation Proceedings within four weeks.
27. List before Court on 13.02.2026 for reporting the outcome of the Mediation Proceedings.
TEJAS KARIA, J OCTOBER 13, 2025/sms CS(COMM) 1082/2025 Page 15 of 15 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 16/10/2025 at 21:54:32