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Delhi High Court - Orders

Dassault Systemes Solidworks ... vs Mr. Kapil Kumar Gupta & Anr on 11 August, 2025

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                          $~35
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 819/2025 & I.As. 19450-56/2025
                                    DASSAULT SYSTEMES SOLIDWORKS CORPORATION &
                                    ANR.                                         .....Plaintiffs
                                                 Through: Mr. Pravin Anand, Mr. Shantanu
                                                          Sahay, Ms. Vareesha Jrfan and Ms.
                                                          Manuj Panwar, Advocates

                                                                  versus

                                    MR. KAPIL KUMAR GUPTA & ANR.                                                           .....Defendants
                                                 Through: None

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

% 11.08.2025 I.A. 19456/2025 (Application under Section 151 of the CPC seeking exemption of filing legible/typed copies of dim/illegible copies of documents)

1. The present application has been filed by the Plaintiffs seeking exemption from filing legible/typed copies of the dim/illegible documents, filed with the plaint.

2. Subject to the Plaintiffs filing fair typed, clear and legible copies of the dim documents within four (4) weeks from today, exemption is granted for the present.

3. Accordingly, the captioned I.A stands disposed of. I.A. 19455/2025 (Application under Section 12A of the Commercial Courts Act seeking exemption for instituting pre-litigation mediation with Defendants) CS(COMM) 819/2025 Page 1 of 13 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 05/09/2025 at 21:42:37

4. The present application has been filed by the Plaintiffs 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 Code of Civil Procedure ('CPC').

5. Having regard to the facts of the present case and in light of the judgement of Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from attempting pre-institution mediation is granted.

6. Accordingly, the application stands disposed of. I.A. 19454/2025 (Application seeking exemption from advance service to the Defendants)

7. 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 advance service upon the Defendants in granted.

8. Accordingly, the application stands disposed of. I.A. 19453/2025 (Application seeking permission to file audio recording in pendrive)

9. The present application has been filed under Section 151 of the CPC seeking permission to file the audio recording of a telephonic conversation in pendrive.

10. For the reasons stated in the application, the application is allowed and the Plaintiffs are permitted to file the audio recording of the telephonic conversation in pendrive.

11. Accordingly, the application stands disposed of. I.A. 19452/2025 (Application under Order XI Rule 1(4) CPC seeking leave to file additional documents) 1 2023 SCC OnLine SC 1382.

CS(COMM) 819/2025 Page 2 of 13

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 05/09/2025 at 21:42:37

12. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ('Commercial Courts Act')], within 30 days.

13. The Plaintiff, if it wishes to file additional documents will file the same within 30 days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ('DHC Rules').

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

15. Accordingly, the application is disposed of.

CS(COMM) 819/2025

16. Let the plaint be registered as a suit.

17. Summons be issued to the Defendants by all permissible modes on filing of process fee. Affidavit of service(s) be filed within two (2) weeks.

18. 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.

19. 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 affidavits of admission/denial in respect of the documents filed by the Defendants, failing which the replication(s) shall not be taken on record.

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

CS(COMM) 819/2025 Page 3 of 13

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 05/09/2025 at 21:42:37

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

22. List before the learned Joint Registrar (J) for completion of service and pleadings on 23.09.2025.

23. List before the Court on 12.01.2026.

I.A. 19450/2025 (Under Order XXXIX Rules 1 and 2 CPC)

24. The present application has been filed under Order XXXIX Rules 1 and 2 CPC, seeking ad interim temporary injunction against the Defendants.

25. The underlying suit has been filed by the Plaintiffs seeking permanent injunction restraining infringement of copyright and passing off by the Defendants.

26. Mr. Pravin Anand, learned counsel for the Plaintiffs states that Plaintiff No.1 is a corporation existing under the laws of the USA. He states that Plaintiff No.1 is a sister concern of Dassault Systèmes, France. He states that the Plaintiff No.1 was established to manage all business and legal matters including Intellectual Property Rights with respect to its software which is the subject matter of the present suit i.e., 'SOLIDWORKS'. He states that Plaintiff No.2 is the wholly owned subsidiary of Dassault Systèmes, France and a sister concern of Plaintiff No.1. He states that Plaintiff No.1 carries on its business activities in India through Plaintiff No.2.

26.1. He states that the Plaintiffs' software i.e., 'SOLIDOWRKS' is a computer aided design software aimed at modelling and simulating three dimensional (3D) solid products.

26.2. He states that Plaintiff No.1 is the owner of the copyright in its software i.e., 'SOLIDWORKS'. He states that software programmes and all CS(COMM) 819/2025 Page 4 of 13 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 05/09/2025 at 21:42:37 user instruction manuals in respect thereof are 'literary works' capable of protection under the Copyright Act, 1957 ('Act of 1957'). He states that 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' the Plaintiff No.1 is the 'first owner' of the said copyright as defined under Act of 1957. 26.3. He states that Plaintiff No.1's software programs are licensed through internet delivery, during which process the customer agrees to the terms of a Customer License and Online Services Agreement ('CLOSA') prior to software installation for the requisite number of computers on which the software programme has been loaded/installed for concurrent use at its premises. He states that the Plaintiffs keep a check of security of its software by a technology called 'phone home' technology built into the Plaintiffs' software, which verifies whether Plaintiffs' software is being used in accordance with the terms of the CLOSA or not.

26.4. He states that the Defendants are engaging in designing, manufacturing and delivering custom automation machinery including hydraulic lifters, conveyors, over-head material transfer systems, jigs and fixtures and logistic equipment tailored to client needs. 26.5. He states that in October, 2023 the Plaintiffs received information about the Defendants rampantly using pirated/unauthorized versions of the various software programmes of the Plaintiff No.1, including 'SOLIDOWRKS', on their computer systems for commercial/business purposes. He states that the Defendants do not have any of such licenses of Plaintiff No. 1's software programs including but not limited to 'SOLIDWORKS'. He states that thereafter, the Plaintiffs through a CS(COMM) 819/2025 Page 5 of 13 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 05/09/2025 at 21:42:37 representative sent an email to the Defendants apprising them of unauthorised use of 'SOLIDWORKS'. He states that the Plaintiffs also requested a meeting with the Defendants to discuss the regularization of usage by the Defendants in an amicable manner.

26.6. He states that on 03.11.2023, a follow up email was sent to the Defendants on behalf of the Plaintiffs reiterating the Plaintiff's concerns. He also refers to e-mails dated 06.06.2024 and 12.06.2024 addressed to the defendants. He states that however no response was received from the defendants; however, Plaintiffs internal infringement database found that Defendants were using the software. He states in these facts the Plaintiffs in July, 2025 availed the services of an independent investigator, namely Mr. Chandra Bhan Singh, who conducted telephonic investigation of one employee working with the Defendant No.2 company on 25.07.2025. He states that said employee of Defendant No.2 admitted that around 9 employees including him have been using Plaintiffs' software i.e., SOLIDWORKS at the Indore Office of the Defendant No.2. 26.7. He states that the Plaintiffs through their internal infringement database found that Defendants have been using unauthorised versions of Plaintiffs' software program i.e., SOLIDWORKS on at least 12 machines. The summary of details of infringement is mentioned at para 39 of the plaint and the same is reproduced below:

CS(COMM) 819/2025 Page 6 of 13
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 05/09/2025 at 21:42:37 CS(COMM) 819/2025 Page 7 of 13 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 05/09/2025 at 21:42:37 26.8. He states that entries at sr. nos. 9 to 12 of the aforesaid table show use of the software in 2025 26.9. He states that in the light of the above facts, it is evident that the Defendants have been knowingly using pirated/unauthorized versions of the Plaintiffs' SOLIDWORKS software program rather than procuring genuine licenses of the aforesaid software programs, the Defendants have infringed the Plaintiffs' copyright subsisting in the aforesaid software program. 26.10. He refers to orders passed by Co-ordinate benches restraining infringing use of the software by other parties. The details have been set out at paragraph 7 of the plaint.
27. In the above circumstances, the Plaintiffs have demonstrated a prima facie case for grant of injunction and, in case, no ex parte ad interim injunction is granted, the Plaintiffs will suffer an irreparable loss. Further, balance of convenience also lies in favour of the Plaintiffs, and against the Defendants.
28. Accordingly, till the next date of hearing, the Defendants, their principal officers, directors, agents, franchisees, servants and all others acting for and on their behalf at the Defendants' premises, are restrained from 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 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 other manner or causing or enabling or assisting others to infringe the copyrights of the Plaintiffs' 'SOLIDWORKS' software and their various versions or any other software programs CS(COMM) 819/2025 Page 8 of 13 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 05/09/2025 at 21:42:37 developed by the Plaintiffs in any manner. Furthermore, the Defendants and their representatives are restrained from 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.

29. Issue Notice to the Defendants by all mode upon filing of the process fee.

30. Let reply be filed within a period of four (4) weeks. Rejoinder thereto, if any be filed within two (2) weeks, thereafter.

31. In view of the fact that the Plaintiffs have sought for appointment of a Local Commissioner, the very purpose of the grant of ex-parte ad interim injunction would be defeated if the Defendants are given notice contemplate in Order XXXIX Rule 3 of the CPC prior to the execution of the commission. Hence it is directed that the Plaintiffs shall serve notice under Order XXXIX Rule 3 CPC at the time of the execution of the commission. The Plaintiffs shall file an affidavit of compliance in this regard within one weeks of the execution of the commission.

32. List before the learned Joint Registrar (J) for completion of service and pleadings on 23.09.2025.

33. List before the Court on 12.01.2026.

I.A. 19451/2025 (Application for appointment of Local Commissioner)

34. The present application has been filed under Order XXVI Rules 4, 9 and 10 and Order XXXIX Rule 7 CPC seeking appointment of Local Commissioner.

CS(COMM) 819/2025 Page 9 of 13

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 05/09/2025 at 21:42:37

35. The Court has granted an ad interim ex-parte injunction as recorded above in I.A. 19450/2025 under Order XXXIX Rules 1 and 2 CPC.

36. 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 Local Commissioner to visit the premises of the Defendants, at the addresses, as mentioned in the application i.e., Nextech Solutions and Services Private Limited - Second floor 7 ASHA Nagar, Kanadia Main Rd, Bicholi Mardana, Indore, Madhya Pradesh 452016.

37. Ms. Daksha Arora, Advocate [Mob. No.- 9910176670, Enrl. No. D/1793/2015, e-mail: [email protected]], is appointed as a Local Commissioner, with a direction to visit the above-mentioned premise of the Defendants.

38. 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 commission, in order to conduct the search, and seizure.
(ii) The Local Commissioner shall inspect the Hard Disks of the 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.
(iii) The evidence of any of the Plaintiffs' programmes, which may be available on the Defendants' system, shall be copied on a hard drive CS(COMM) 819/2025 Page 10 of 13 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 05/09/2025 at 21:42:37 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.

(viii) Both the parties shall provide assistance to the Local Commissioner, for carrying out the aforesaid directions.

CS(COMM) 819/2025 Page 11 of 13

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 05/09/2025 at 21:42:37

(ix) In case the premises is 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.

39. The fee of the Local Commissioner, to be borne out by the Plaintiff is fixed at Rs. 2,00,000/-. The Plaintiffs shall also bear all the expenses for travel/lodging of the Local Commissioner and other miscellaneous out-of- pocket expenses, for the execution of the commission. The fee of the Local Commissioner shall be paid in advance by the Plaintiffs.

40. The Local Commission shall be executed within a period of two (2) weeks from today. The Local Commissioner shall file the report within a period of two (2) weeks from the date, on which the commission is executed.

41. If the Defendants exercise the option enlisted at paragraph 38(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 weeks after execution of commission, the Plaintiffs are free to move an application seeking sealing of the computer systems of the Defendants.

42. With the aforesaid directions, the application stands disposed of.

43. The order passed today, shall not be uploaded for a period of three (3) CS(COMM) 819/2025 Page 12 of 13 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 05/09/2025 at 21:42:37 weeks for enabling the execution of the commission.

44. Dasti under the signature of the Court Master.

MANMEET PRITAM SINGH ARORA, J AUGUST 11, 2025/rhc/SK CS(COMM) 819/2025 Page 13 of 13 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 05/09/2025 at 21:42:37