Calcutta High Court
Nicco Corporation Ltd vs Autodesk India Pvt. Ltd on 2 December, 2013
Author: I. P. Mukerji
Bench: I. P. Mukerji
ORDER SHEET
GA NO.2681 OF 2013
CS NO.315 OF 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
NICCO CORPORATION LTD.
Versus
AUTODESK INDIA PVT. LTD.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 2nd December, 2013.
MR.ABHRAJIT MITRA, MR.S.MUKHERJEE, MS.NIKITA JHUNJHUNWALA,
ADVOCATES FOR PETITIONER/PLAINTIFF
MR.SOUMYA RAY CHOWDHURY, MS.SOMA RAHMAN,
ADVOCATES FOR RESPONDENT/DEFENDANT
The Court : The plaintiff, it is submitted, bought software from the distributor of the defendant. They have installed this software in their computer system. The defendant claims to be the owner of this software which, according to them, can only be used under licence to the plaintiff subject to strict supervision by them. This is done by periodic audit, to which the plaintiff objects on the ground that while undertaking this audit, certain confidential data of the plaintiff may be accessed by the defendant.
2
Mr.Roychowdhury's contention is absolutely true that as the owner of the software, his client, is entitled to supervise its use which includes undertaking periodical audit. But when it is alleged that confidential data may be accessed or seen, it is better that this audit is carried out under the supervision of a Special Officer.
Ms. Rituparna De, Advocate of Bar Association is appointed as a Special Officer at an initial remuneration of 800Gms. to be paid by the plaintiff to supervise audit of the software by the defendant.
This audit will be made in the presence of the parties and the Special Officer. The Special Officer is to file a report by 23rd December, 2013.
Affidavit-in-opposition be filed by 16th December, 2013. List this application on 7th January, 2014. Affidavit-in-reply may be filed in the meantime.
Special Officer and all parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I. P. MUKERJI, J.) Sb.