Delhi High Court - Orders
Eicore Technologies Pvt. Ltd. & Ors vs Eexpedise Technologies Pvt. Ltd. & Ors on 18 January, 2024
Author: C.Hari Shankar
Bench: C. Hari Shankar
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.S.(COMM) 1146/2018
EICORE TECHNOLOGIES PVT. LTD. & ORS. ..... Plaintiffs
Through: Mr. J. Sai Deepak, Mr.
Debarshi Dutta and Ms. Manvi Adlakha,
Advs.
versus
EEXPEDISE TECHNOLOGIES PVT. LTD.
& ORS. .....Defendants
Through: Mr. Anil Sapra, Ms. Vrinda
Pathak and Mr. George Vithayathil, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 18.01.2024 I.A. 13265/2018 and I.A. 16424/2021
1. Learned Counsel for both sides have agreed to the following terms on which these IAs can be disposed of:
(i) The defendants 1-7 and 12-19, and also their men, agents, affiliates, franchises, partners, principals, directors, associates, servants, employees, representatives, successors, family members and assigns, or any other person working directly and/or indirectly with any of the defendants, undertake to not infringe, violate, deal with or commercially exploit the plaintiffs' proprietary and copyrighted software HealthBuzz and its copyrighted source code [or such other software that has been, or can be, created, modified or developed by using the source codes and architecture of the software HealthBuzz, (apart from the codes that are available in public domain and constitute open source, independent of the codes of HealthBuzz in which copyright subsist)] and the plaintiffs' confidential data, information and trade secrets in any manner whatsoever, whether directly or indirectly, including but not limited to C.S.(COMM) 1146/2018 Page 1 of 3 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 24/01/2024 at 21:29:44 printing, publishing, reproducing, copying, plagiarizing, marketing, selling, transferring, using, accessing, utilising, licensing, providing support services (whether with or without use of source code), carrying out any form of changes, alterations, modification or development to the software or its source code, either in the form of services or otherwise, either in India or abroad.
(ii) The defendants 1-7 and 12-19 state that they or their men, agents, affiliates, franchises, partners, principals, directors, associates, servants, employees), representatives, successors, family members and assigns, or any other person working directly and/or indirectly with any of the defendants, do not possess any confidential or proprietary information or data or trade secrets of the plaintiffs which they came into possession by virtue of their association with the plaintiffs or its clients, including but not limited to the HealthBuzz software, any revised versions of it, and the source code of the HealthBuzz software.
(iii) The defendants 1-7 and 12-19, and also their men, agents, affiliates, franchises, partners, principals, directors, associates, servants, employees, representatives, successors, family members and assigns, or any other person working directly and/or indirectly with any of the defendants, undertake to not sell or deal with or commercially exploit the HealthIns software in any manner whatsoever, either in India or abroad.
(iv) The defendants 1-7 and 12-19, and also their men, agents, affiliates, franchises, partners, principals, directors, associates, servants, employees, representatives, successors, family members and assigns, or any other person working directly and/or indirectly with any of the defendants, undertake to not represent themselves as an agent or associate or affiliate of, or in any manner connected with, the plaintiffs to any third party.
2. This undertaking would also bind Defendants 10 and 11 as they have been proceeded against ex parte.
C.S.(COMM) 1146/2018
3. List the suit with the remaining applications before the C.S.(COMM) 1146/2018 Page 2 of 3 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 24/01/2024 at 21:29:44 appropriate Bench as per roster on 29 January 2024.
C.HARI SHANKAR, J JANUARY 18, 2024 rb Click here to check corrigendum, if any C.S.(COMM) 1146/2018 Page 3 of 3 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 24/01/2024 at 21:29:45