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[Cites 2, Cited by 0]

Bangalore District Court

Unikul Solutions Pvt Ltd vs Corporate Serve Solutions Pvt on 3 December, 2022

      KABC010342522019




  Form
  No.9
 (Civil)
  Title
 Sheet
   for     PRESENT: SRI PADMA PRASAD
Judgme
                                      B.A.(Law) LL.B.,
                    XVIII Additional City Civil Judge.

           Dated this the 3 rd day of December 2022



     PLAINTIFF:           Unikul Solutions Pvt Ltd.,
                          (A Company registered under
                          the Companies Act, 1956)
                          Having its Registered Office at:
                          Bateswar Road, P.O.Motiganj,
                          District Balasore, Orissa.

                          And having its Branch Office at:
                          No. 62/63, Venkatadri Layout,
                          J.P.Nagar 6th Phase,
                          Bangalore-560 078,
                          Represented by its Director and
                          Duly Authorised Signatory:
                          Sri Pulakesh Sen,
                          Aged about 46 years,
                          S/o Sri Amaresh Sen.

                [By Sri Shyam Sunder Bajpekar, Advocate]

                         /v e r s u s/
     DEFENDANTS: 1.        Corporate Serve Solutions Pvt.
                           Ltd., 408, Udyog Vihar, Phase-
                           IV,   Sector   18,   Gurgaon,
     2                     O.S._8074_2019_Judgment_.doc

                           Haryana-122015, INDIA
                           Rep by its CEO and Director
                           Sri Vinay Vohra, Aged Major,
                           Father's name not known.

                     2.    Corporate Serve Technologies
                           Pvt. Ltd.,     L-102, Ambience
                           Island,      NH-8,     Gurgaon,
                           Haryana-122002, INDIA
                           Rep. By its CEO and Director
                           Sir Vinay Vohra, Aged major,
                           Father's name not known.

                           [By Sri CSN, Advocate]

Date of institution of the :             11/11/2019
suit
Nature of the suit         :           For INJUNCTION.

Date of commencement of :                26/10/2021
recording of the evidence
Date    on    which    the :              3/12/2022
Judgment               was
pronounced.
                           : Year/s     Month/s     Day/s
Total duration
                               3           -           23



                                       (PADMA PRASAD)
                                      XVIII ACCJ: B'LURU.




         This is a suit for permanent injunction.

         2.   The plaintiff's case in nutshell is that,

    plaintiff is a company incorporated in the year 2009,

    and he is involved in providing specialized innovative
 3                        O.S._8074_2019_Judgment_.doc

    Student Life Cycle Management system to its clients

    in India and abroad related to niche technical services

    to implement and run the software at the client's

    premises and location. The plaintiff company provides

    software solutions that creates, builds, maintains,

    specialized innovative student life cycle management

    i.e., built and developed using the components of a

    software    technology      platform   called   enterprises

    resource planning. The plaintiff company is in the

    business of development and distribution of student

    life cycle management solutions being the exclusive

    software for the education sector hereinafter called

    'Campus Dynamix'. The defendants are the rival

    companies in the same business of re-selling and

    distributing   "Microsoft     Dynamics    Navision"   ERP

    software.   The plaintiff is an exclusively registered

    product 'Campus Dynamix' with Microsoft and uses

    the Microsoft Dynamics Navision ERP technology

    platform and the ASP.net technology platform which

    are exclusively owned by Microsoft. The plaintiff has

    been instrumental in the development of the software
 4                      O.S._8074_2019_Judgment_.doc

product 'Campus Dynamix'. The plaintiff also given

the particulars of the functioning of            'Campus

Dynamix' in the pleading and also the screen shot of

the said page. The 'Campus Dynamix'             is used by

some of the leading educational institutions to run

their   finance,   operations   and   provide    excellent

experience to students and faculty. The innovation of

specialized   software    programs,   modules     and   its

corresponding components and code is unique and is

recognised by Microsoft because of which Microsoft

has accepted the 'Campus Dynamix' software as a

independent software vendor solution, one among 40

ISD solutions i.e., globally recognised and accepted by

Microsoft. The plaintiff claims that it has registered its

product 'Campus Dynamix' with Microsoft company

in December 2014 under the registered solution

program addendum with a Registered Solution Id

-41448     and     a     Registered   Solution      Name

33065460CDx. The said license renewed every two

years. It is also claimed that email dated 5/6/2015

and 30/9/2018 sent by Microsoft acknowledging the
 5                              O.S._8074_2019_Judgment_.doc

    completion         of      Registered       Solution            Program

    Addendum.          Thus,    the    plaintiff    company          is    the

    exclusive licensee and owner of intellectual property

    called 'Campus Dynamix'. The defendants are also

    in the business of providing ERP based software

    service to various customers and defendants used to

    earlier provide services to two particular customers

    namely      MAHE        Manipal     and    Manipal          University,

    Jaipur. As the said two institutions were not satisfied

    with the service of defendant, they have approached

    the plaintiff company to revamp and overall their

    software systems and install the plaintiff's company's

    'Campus Dynamix'             software. The plaintiff claimed

    that when the plaintiff started work on the project of

    MAHE in April 2018, to their shock and surprise

    found       that    SLCM      Software         and        the    various

    components in the Microsoft Dynamics Navision ERP

    system was a stolen and copied version of the plaintiff

    company's software                'Campus      Dynamix'.               The

    plaintiff     checked       several     areas        of    the        code,

    components etc., and found complete similarities with
 6                      O.S._8074_2019_Judgment_.doc

the plaintiff company's own software                 'Campus

Dynamix'. Accordingly, the plaintiff claimed that the

defendants    had     installed   a    deceptively    similar

software that wholly resembled the source code of the

plaintiff company's     'Campus Dynamix'             software

which is the intellectual property of plaintiff that has

been actually pirated and used therein by the

defendants.    The    defendant       has   neither    taken

permission from the plaintiff-company nor consulted

the plaintiff-company while using the source code in

the objects of 'Campus Dynamix' software solution

product which is clear violation of the intellectual

property rights. Accordingly the plaintiff claimed that

the defendants have infringed the Copyright of

plaintiff and also stolen the source code of plaintiff.

Accordingly prayed for the relief claimed in the plaint.

     3.     The defence of the defendants in the written

statement in nutshell is that, this court has no

territorial jurisdiction to try the suit. The plaintiff

approached the court with unclean hands. The

defendant     company     incorporated      on   17/7/2004
 7                        O.S._8074_2019_Judgment_.doc

    which is prior to the incorporation of plaintiff. The

    defendant specifically claimed that it has its own

    product namely EduClass or Education Vertical or

    student life cycle management one and the same word

    that provides software solution to the educational

    institutions, schools, colleges and universities. The

    said software duly registered on 21/5/2012 with

    Microsoft prior to the plaintiff. The defendant further

    claimed that the registration number of the defendant

    is 33048920, whereas the number of the plaintiff is

    33065460 that also shows that the registration of

    defendant's software with the Microsoft is earlier than

    the plaintiff. All other allegations in the plaint has

    been categorically denied by the defendant and

    specifically claimed that the source code claimed by

    the plaintiff has not at all stolen or pirated by the

    defendants, and the defendants are the prior user of

    the source code and also they have got registered their

    software with the Microsoft earlier than the plaintiff.

    Accordingly prayed for dismissal of suit.
 8                      O.S._8074_2019_Judgment_.doc

     4.   On the basis of above pleading the court

framed following issues:

          (1)   Whether the plaintiff proves that they
                are the       copyright owner and
                registered licensee of the software
                "CAMPUS" DYNAMIX?

          (2)   Whether the plaintiff proves that the
                defendants     have    infringed     the
                copyright     of 'Campus Dynamix'
                software source code of the plaintiff?

          (3)   Whether the plaintiff is entitled for
                the decree of permanent injunction as
                sought for?

          (4)   What order or decree?


     5.   Plaintiff in order to prove its case, examined

its CEO as PW.1 and got marked documents as per

Ex.P1 to Ex.P23. On the other hand, CEO and

Director of the defendant company is examined as

DW.1 and got marked Ex.D1 to Ex.D5.

     6.   Heard the arguments and perused entire

records of the case.

     7.   My findings on the above issues are as

under:

     Issue No. 1) ............In the affirmative;
     Issue No. 2) ............In the negative;
 9                             O.S._8074_2019_Judgment_.doc

          Issue No. 3) ............In the negative;
          Issue No. 4) ............As per final order for
                                   the following:




          8.     ISSUE NO.1 AND 2: In this case, the

    prayer claimed by the plaintiff in the suit is to restrain

    the defendants or anybody claiming under them from

    manufacturing,      selling,      distributing,    advertising,

    exporting,     offering    for    sale,     procuring,    using,

    accessing and dealing in any way whatsoever with the

    'Campus Dynamix'              software technology solution

    product to third parties or their clients which is

    exclusively    intellectual      property    belongs     to   the

    plaintiff.


          9.     The said fact has been totally disputed and

    denied by the defendant claiming that the defendants

    are not at all using any software claimed by the

    plaintiff particularly      'Campus Dynamix' with the

    specific claim that they are the prior user, prior

    registered owner as well as prior seller of the software
 10                     O.S._8074_2019_Judgment_.doc

of the defendants called EduClass which is identical

to the services provided or traded by the plaintiff.


       10.   On the basis of pleadings, the court framed

four issues in the suit. The first issue is regarding the

proving of the fact that the plaintiff is the Copyright

owner     and    registered   licensee    of   the    software

'Campus Dynamix'. The second issue framed in the

suit    regarding   the   claim   of     plaintiff   that   the

defendants have infringed the Copyright of 'Campus

Dynamix'        software, source code of the plaintiff.

These two issues are inter-linked with each other and

the plaintiff has to prove that the plaintiff is the owner

and registered licensee of the software              'Campus

Dynamix'. Most importantly the plaintiff has to prove

that the defendant has copied or infringed the said

'Campus Dynamix' software as of its products.


       11.   In this case the plaintiff in support of its

case examined authorised signatory Pulakesh Sen as

PW.1 by filing the evidence affidavit wherein he stated

in consonance with the petition case. The plaintiff
 11                        O.S._8074_2019_Judgment_.doc

     produced the Board resolution to show that PW.1 is

     the authorized person to prosecute the suit. If the

     entire evidence is taken, certainly the authorization of

     PW.1 to prosecute the case is not much in issue, and

     infact that has been admitted. Hence PW.1 is the

     proper person to prosecute the case.


          12.   The plaintiff in order to prove its case,

     relied on a documentary evidence at Ex.P2 to Ex.P23.

     Ex.P2 is the copy of Microsoft Dynamics Sales Affiliate

     agreement dated 8/6/2017. Ex.P3 to 5, Ex.P7 and

     Ex.P16 are the emails. Ex.P6 is the copy of Registered

     Solution Program Addendum (RSPA). Ex.P8 is the

     screen shot of Microsoft Partners Source Portal. Ex.P9

     is the purchase order of MAHE (Manipal). Ex.P10 is

     the letter issued by the Birla Education Trust BITS

     Pilani dated 13/5/2014. Ex.P11 and Ex.P2 ares the

     testimonial letters dated 23/4/2014 and 23/6/2017

     respectively; Ex.P13 and Ex.P15 are is the purchase

     order dated 16/7/2018 and 29/1/2014 respectively;

     Ex.P14 is the testimonial email by Rosary School LLC;

     Ex.P16 is the Email Invoice dated 21/02/2014; and
 12                   O.S._8074_2019_Judgment_.doc

Ex.P17 to Ex.P23 are the screen shots of Source

Codes.


     13.    The defendants in support of its defence,

examined CEO and Director of defendant as DW.1 and

he stated in consonance with his defence in the

written statement, and also relied on the documents

at Ex.D1 to Ex.D5. Ex.D1 is the certified copy of the

Board resolution authorising the DW.1 to defend the

case. Ex.D2 is the printout copy of the application to

Microsoft by the defendant; Ex.D3 is the printout of

the approval by Microsoft; Ex.D4 is the printout copy

of the screen shot of the source code; Ex.D5 is the

affidavit filed under Section 65-B of Evidence Act in

respect of Ex.D2 to Ex.D4.


     14.   In the case on hand, the dispute between

the parties regarding the use of source code for

respective softwares of the parties, the plaintiff claims

that 'Campus Dynamix'        is the plaintiff's software

and the defendant has copied / pirated the source

code of 'Campus Dynamix'            for their software
 13                           O.S._8074_2019_Judgment_.doc

     EduClass or Education Vertical or Student Life Cycle

     Management. The defendant put forth a definite

     defence    that   the   defendant   company      has   been

     incorporated prior to the plaintiff company and they

     have obtained the Copyright of their software prior to

     the plaintiff, and also the claim of the defendant is

     that there are many identical softwares in the market,

     as such the plaintiff cannot claim right over the

     software. The definite defence of the defendant is that

     the defendant not at all stolen or pirated the source

     code of plaintiff, inter alia claiming that it is the

     plaintiff stolen the source code of defendant.


          15.   Admittedly as per the pleading of plaintiff in

     para 2A of the plaint, the plaintiff company was

     incorporated in the year 2009. As per the defence, the

     defendant company has been incorporated as on

     17/7/2004. This fact has not been disputed by the

     plaintiff. Therefore, it has to be accepted that the

     defendant company has been incorporated atleast 5

     years prior to the incorporation of plaintiff.
 14                      O.S._8074_2019_Judgment_.doc

        16.   The plaintiff in the plaint nowhere claimed

that in which year and from what date the plaintiff is

using the 'Campus Dynamix' software, but it is only

stated in the plaint para no.7 and 8 that the plaintiff

company registered the product - 'Campus Dynamix'

with Microsoft company in the year 2014 bearing

Registered Solution ID - 41448 and a Registered

Solution Name 33065460-CDx. Of course that has

been     renewed.    Whatever      the   contention   of   the

plaintiff, it has to be accepted that the software of the

plaintiff namely 'Campus Dynamix'            has been either

affiliated to Microsoft or registered with the Microsoft

in the month of December 2014. It is true that the

PW.1 during the course of cross-examination claimed

that the software has been developed since 2009, but

there    is   no   material   on    record   whatsoever     to

substantiate the said fact so that the court can accept

that the plaintiff     is using the 'Campus Dynamix'

software since 2009.


        17.   The definite case of the defendant in the

written statement as well as during the course of
 15                           O.S._8074_2019_Judgment_.doc

     evidence   that   the     defendant   has     obtained      the

     registration of his product EduClass in the year 2012,

     particularly claimed that it has been registered on

     21/5/2012. The document produced by the defendant

     at Ex.D2 and Ex.D3 certainly substantiate the said

     fact. Therefore, material on record sufficiently disclose

     that it is the defendant is using his software prior to

     the plaintiff's software 'Campus Dynamix'.


          18.   Admittedly the dispute between the parties

     regarding the theft of source code for the respective

     software. In the case on hand, the plaintiff and

     defendants    have   filed    the   screen   shots    of    the

     defendant's software. All the documents produced by

     the plaintiff at Ex.P17 to Ex.P23 as well as Ex.D4

     reveals that the source code is of the year 2009.

     Admittedly,    the      plaintiff   company     has        been

     incorporated in the year 2009 and it has obtained the

     registration in the year 2014. Absolutely there is no

     material whatsoever on record to show that 'Campus

     Dynamix' has been either invented or created in the

     year 2009. In the case on hand, the plaintiff claimed
 16                        O.S._8074_2019_Judgment_.doc

that   he    had    so    many    reputed      clients   in   the

educational institutions and the plaintiff is serving the

said institution since long time. If it were so, the

plaintiff would have easily produced some documents

to show the use of 'Campus Dynamix' atleast prior

to the registration of defendant's software in the year

2012. Absolutely there is no material whatsoever on

record to show that the plaintiff has installed the

'Campus Dynamix' to any of its clients prior to the

registration of software of the defendant in the year

2012. Therefore, there is no material on record to

show that the defendant is using the source code of

plaintiff for its software EduClass.


       19.   In    view    of    the    aforesaid     oral    and

documentary        evidence     along   with    the   pleadings

sufficiently shows that the plaintiff is the registered

licensee of the software 'Campus Dynamix'.                    The

plaintiff has failed to prove that the defendants have

infringed    the    Copyright     of    'Campus       Dynamix'

software source code of the plaintiff to their software

EduClass or Educational Vertical or Student Life
 17                          O.S._8074_2019_Judgment_.doc

     Cycle. Accordingly, the above Issue No.1 is answered

     in affirmative, Issue No.2 is answered in negative.


          20.   ISSUE NO.3:       In view of the finding on

     Issue No.2 that the plaintiff failed to prove the

     infringement of Copyright by the defendant, certainly

     the plaintiff is not entitled for the relief claimed in the

     suit. Accordingly this issue is answered in negative.


          21.    ISSUE NO.4: In view of my finding on the

     above issues, I proceed to pass the following:




              The suit of the plaintiff is hereby
                dismissed.
              Considering            the         peculiar
                circumstances of the case, there is no
                order as to costs.
              Draw decree accordingly.
                                ***

[Dictated to the Judgment Writer directly on computer, Script corrected, signed and then pronounced by me, in the Open Court on this the 3 rd day of December 2022.] [PADMA PRASAD] XVIII Additional City Civil Judge.

BENGALURU.

18 O.S._8074_2019_Judgment_.doc

1. List of witnesses examined on behalf of the Plaintiff/s:

PW.1 Pulakesh Sen

2. List of witnesses examined on behalf of the Defendant/s:

DW.1 Vinay Vohra

3. List of documents marked on behalf of the Plaintiff/s:

Ex.P.1 Board Resolution dated 20/10/2019. Ex.P2 Copy of the "Microsoft Dynamics Sales Affiliate" agreement. Ex.P3 Email dated 23/12/2014 Ex.P4 Email dated 05/01/2015. Ex.P5 Email dated 30/09/2018. Ex.P6 Copy of the Registered Solution Program Addendum (RSPA).
Ex.P7 Email dated 20/03/2017. Ex.P8 Screen shot of Microsoft Partner Source Portal.
Ex.P9 Purchase Order of MAHE (Manipal). Ex.P10 Letter issued by Birla Education Trust BITS Pilani dated 13/05/2014. Ex.P11 Testimonial Letter dated 23/04/2014. Ex.P12 Testimonial Letter dated 23/06/2017. 19 O.S._8074_2019_Judgment_.doc Ex.P13 Purchase Order dated 16/07/2018.

Ex.P14 Testimonial Email by Rosary School LLC.

Ex.P15 Purchase order dated 29/1/2014.

Ex.P16 Email Invoice dated 21/02/2014.


          Ex.P17        Screen shots of Source Codes ( 7 in
          to            Nos.)
          Ex.P23


       4.   List of        the    documents     marked     for    the
       defendants:
          Ex.D1            Certified copy      of   the   Board
                           Resolution.

          Ex.D2            Printout copy of the application to
                           Microsoft.

          Ex.D3            Printout copy of the approval by
                           Microsoft.

          Ex.D4            Printout copy of screen shots of
                           Source code.

          Ex.D5            Affidavit u/sec. 65-B of Evidence

Act in support of Ex.D2 to Ex.D4.

Digitally signed [PADMA PRASAD] PADMA by PADMA PRASAD XVIII Additional City Civil Judge. PRASAD Date: 2022.12.03 15:44:49 +0530 BENGALURU.

20 O.S._8074_2019_Judgment_.doc ...Judgment pronounced in the Open Court....

(Vide separate detailed judgment)  The suit of the plaintiff is hereby dismissed.

 Considering the peculiar circumstances of the case, there is no order as to costs.

 Draw decree accordingly.

[PADMA PRASAD] XVIII Additional City Civil Judge.

BENGALURU.

2 O.S._8074_2019_Judgment_.doc 2 2 O.S._8074_2019_Judgment_.doc 3