Delhi High Court - Orders
Dassault Systemes Solidworks ... vs Mr. Vinay Kumar Jain & Anr on 23 September, 2025
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1010/2025
DASSAULT SYSTEMES SOLIDWORKS CORPORATION &
ANR. .....Plaintiffs
Through: Mr. Shantanu Sahay, Ms. Vareesha
Irfan & Mr. Swastik Bisarya,
Advocates.
versus
MR. VINAY KUMAR JAIN & ANR. .....Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 23.09.2025
I.A. 23867/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 23866/2025 (Exemption from pre-institution Mediation)
3. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 ("CC Act").
4. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382, exemption from the requirement of pre-institution Mediation is granted.
5. The Application stands disposed of.
I.A. 23865/2025 (Exemption from advance service to the Defendant)
6. This is an Application filed by the Plaintiffs under Section 151 of the CS(COMM) 1010/2025 Page 1 of 18 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 10/10/2025 at 22:17:48 Code of Civil Procedure, 1908 ("CPC") seeking exemption from advance service to the Defendants.
7. Mr. Shantanu Sahay, the learned Counsel appearing for the Plaintiffs, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints.
8. In view of the fact that the Plaintiffs have sought an urgent ex-parte ad- interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendants is granted.
9. The Application stands disposed of.
I.A. 23864/2025 (seeking permission to file audio recordings in CD / pen drive)
10. This Application has been filed by Plaintiffs seeking permission to place on record audio recordings in CD / pen drive.
11. In facts and circumstances as stated in the Application, the same is allowed. The CD / pen drive be taken on record.
12. Accordingly, the Application stands disposed of. CS(COMM) 1010/2025
13. Let the Plaint be registered as a Suit.
14. Issue Summons. Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.
15. 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.
16. Liberty is granted to the Plaintiffs to file Replication(s), if any, within CS(COMM) 1010/2025 Page 2 of 18 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 10/10/2025 at 22:17:48 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.
17. 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.
18. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
19. List before the learned Joint Registrar on 21.11.2025 for completion of service and pleadings.
I.A. 23863/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
20. 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 CC Act seeking leave to place on record additional documents.
21. 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.
22. Accordingly, the Application stands disposed of. I.A. 23861/2025 (U/O XXXIX Rule 1 & 2 of the CPC)
23. Issue Notice. Let the Notice be served through all permissible modes upon filing of the Process Fees.
24. The Plaintiffs have filed the present Suit for permanent injunction restraining infringement of copyright, delivery up, rendition of account of profits, damages etc. against the Defendants who have been using CS(COMM) 1010/2025 Page 3 of 18 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 10/10/2025 at 22:17:48 unauthorized / pirated version of the Plaintiffs' 'SolidWorks' software program.
25. The learned Counsel for the Plaintiffs made the following submissions:
25.1. Plaintiff No. 1 is a corporation organized and existing under the laws of the United States of America ("USA"). Plaintiff No. 1 is carrying on its business activities in India through Plaintiff No. 2. Plaintiff No. 2 is the wholly owned subsidiary of Dassault Systèmes, France and a sister concern of Plaintiff No. 1. Plaintiff No. 2 was set up to carry out business activities and anti-piracy campaigns of Dassault Systèmes, France and Plaintiff No. 1 in India. Plaintiff No. 1's products are distributed and sold in India directly and / or through the Plaintiffs' authorized resellers. Plaintiff No. 2, in respect of the activities concerning Plaintiff No. 1, plays a substantial role from a business perspective as well as protection-cum-enforcement of intellectual property rights as existing in the software programs belonging to Plaintiff Nos. 1.
25.2. Plaintiffs are known for developing 3D simulation Computer-Aided Design ("CAD"), Computer-Aided Manufacturing ("CAM"), and Computer-Aided Engineering ("CAE") software programs.
Plaintiffs' software scales the entire innovation, design, and manufacturing process of a product onto a computer system. One of the Plaintiffs' software programs i.e., 'SolidWorks' ("Plaintiffs' Software") is prevalent in mid and small-scale companies due to its competitive price of procurement.
25.3. Plaintiff No. 1's software programs and all user instruction manuals included with them are covered under the definition of a 'literary CS(COMM) 1010/2025 Page 4 of 18 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 10/10/2025 at 22:17:48 work' and are entitled to copyright protection. These programs have been developed for Plaintiff No. 1 by its employees, during the course of their employment with them. Plaintiff No. 1 is the owner of copyrights in the respective software programs developed by Plaintiff No. 1 and its employees and are marketed in India by Plaintiff No. 2. Thus, Plaintiff No. 1 is the owner of its software programs, and copyright certificates are the proof of ownership. The source codes of such software programs, belonging to Plaintiff No. 1, are confidential data and are trade secrets which are in possession of Plaintiff No. 1.
25.4. Plaintiff No. 1's software programs are 'works' that were first published in the United States of America USA, which is member country of the Berne Convention, Universal Copyright Conventions, and the World Trade Organization Agreement. Since India and USA are both member countries of the aforesaid conventions all such works first published in the USA are protected under Indian copyright law under Section 40 of the Copyright Act, 1957 ("Act") read in conjunction with the International Copyright Order, 1999.
25.5. The Plaintiffs' customer only acquires the right to use the 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. Plaintiffs' Software is also licensed through internet delivery, wherein the customer agrees to the terms of the Customer License and Online Services Agreement ("CLOSA") before software installation for the requisite number of computers CS(COMM) 1010/2025 Page 5 of 18 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 10/10/2025 at 22:17:48 on which the Plaintiffs' Software has been loaded / installed or in concurrent use at its premises. After the customer agrees to the terms of the CLOSA, authorized representatives of the Plaintiffs send the license key to the customer's registered e-mail address or any other manner prevalent at the time, following which the installation of the Plaintiffs' Software is possible. Thus, any entity which uses original licensed Plaintiffs' 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 Plaintiffs' Software has been downloaded / loaded / installed or in concurrent use at its premises. 25.6. The Plaintiffs maintain an extensive and frequently updated database of all their licensees who have acquired valid licenses for the Plaintiffs' Software. Therefore, any person / entity using Plaintiffs' Software in a manner that goes beyond the CLOSA is in breach of contractual rights with the Plaintiffs, will also have violated the intellectual property rights subsisting within the Plaintiffs' Software.
25.7. Every prospective user of the Plaintiffs' Software is required to go through, understand and accept the terms and conditions of the CLOSA to be able to use the Plaintiffs' Software. The CLOSA of Plaintiffs' Software is electronically shared and specifically discloses and informs a prospective user of the Plaintiffs' Software regarding the in-built security mechanisms, its purpose, and the scope of the data it collects from the user's computer.
CS(COMM) 1010/2025 Page 6 of 18This 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 10/10/2025 at 22:17:48 25.8. The Plaintiffs receive several infringement hits daily and after verifying each 'infringement hit' the Plaintiffs takes steps to identify the infringer and establish contact with it to redress the losses incurred due to the infringement. The infringement database portal of the Plaintiffs is named as Exalead. The Exalead portal allows authorized representatives of the Plaintiffs to access the infringement database and analyze infringement hits collected from users of infringing versions of the Plaintiffs' software programs, including 'SolidWorks'. The Exalead portal now maintains the infringement report for the various software offerings offered by the Plaintiffs.
25.9. Defendant No. 1 appears to be the Partner in Defendant No. 2.
Defendant No. 1 also had knowledge about Defendant Nos. 2's unauthorised usage of the Plaintiffs' software programs, as he was the point of contact in various email communications between the parties related to license compliance.
25.10. As per Defendant No. 2's website www.basant.info the company has been engaged in manufacturing and curating contemporary furniture and interior accessories. Defendant No. 2 has one perpetual license of the Plaintiffs' Software. However, the support for the said licenses expired in April 2023 due to non-renewal of the support / maintenance services and thus, Defendant No. 2 is only entitled to use the basic features of the license.
25.11. In August 2023, the Plaintiffs received credible information from market sources that Defendants had been using large volumes of pirated / unauthorized versions of the Plaintiffs' Software on their CS(COMM) 1010/2025 Page 7 of 18 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 10/10/2025 at 22:17:48 computer systems for business / commercial purposes. In furtherance to the information received from the Plaintiffs' sources and after conducting their internal checks, the Plaintiff discovered that the Defendants have been unauthorisedly using the Plaintiffs' Software on over nine machines. Thereafter, in order to resolve the dispute amicably, one of the Plaintiffs' representatives sent an email dated 03.08.2023 to the Defendants to discuss the Defendants' unauthorised use of various versions of Plaintiffs' Software on the Defendants' computer systems and regularize the same by arriving at an amicable resolution. The Plaintiffs' representatives tried to settle the matter amicably, however, the Plaintiffs' representatives did not receive an appropriate response from the Defendants. No further action was taken against the Defendants as the Plaintiffs' decided to monitor the infringing activities of the Defendants in the future months.
25.12. In June 2025 the Plaintiffs noted that the Defendants' have increased the unauthorised installation of the Plaintiffs' Software from nine in 2023 to eighteen in 2025.
25.13. In view of the repeated instances of unauthorized usage of the Plaintiffs' Software by the Defendants, in June 2025, the Plaintiff's representative once again reached out to the Defendants vide email dated 09.06.2025. However, the Defendants in their response to the Plaintiffs' representatives over calls denied any unauthorised usage of the Plaintiffs' Software and further continued to infringe the Plaintiffs' copyright in the Plaintiffs' Software.
CS(COMM) 1010/2025 Page 8 of 18This 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 10/10/2025 at 22:17:48 25.14. In view of the Defendants' continued non-compliance and lack of meaningful engagement, the Plaintiffs thereafter on 16.06.2025 sent a Litigation Hold Notice ("LHN") as per Rule 18(ii) of Delhi High Court Intellectual Property Rights Division Rules, 2021 ("DHC- IPD Rules- 2021") via email to the Defendants.
25.15. The Defendants vide their response dated 17.06.2025 once again denied any unauthorised usage of the Plaintiffs' Software. The Plaintiffs continued to establish communication with the Defendants over calls and emails from June 2025 to July 2025 wherein Plaintiffs also shared infringement pointers with the Defendants. Although the Defendants initially expressed willingness to resolve the matter by procuring licensed versions of the Plaintiffs' Software, pursuant to which the representative of the Plaintiffs' shared a settlement proposal for seven licenses, however, no such resolution ultimately materialized. The Defendants till date have not taken any steps to pay the license fee to cover their unauthorised use of the Plaintiffs' Software.
25.16. In the month of August 2025, the Plaintiffs, after failing to amicably settle the dispute with the Defendants, conducted a check on their internal infringement database to understand the extent of the Defendants' infringing activities. It was found that the Defendants have been using pirated / unauthorized versions of the Plaintiffs' Software on at least eighteen computer systems. The email domain 'basant.local' belongs to Defendant No. 2. The details of the infringement of the Plaintiffs' Software as appearing in the Application are reproduced in the table below:
CS(COMM) 1010/2025 Page 9 of 18This 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 10/10/2025 at 22:17:48 S. No. Mac Address Email Domain First Last No of instance of instance of Infringem Infringem Infringem ents ent ent
1. 408d5cb455fd - 2021/08/02 2022/03/03 44
2. f02f7453a379, basant.local 2021/08/06 2023/07/13 890 709cd10408e4, 709cd10408e5, 709cd10408e8
3. 1c1b0da082a9 basant.local 2021/12/22 2025/06/06 296
4. 1c1b0dcda599 basant.local 2022/01/04 2023/04/24 5
5. fcaa141ea135 basant.local 2022/03/11 2022/08/08 183
6. 1c1b0dcda04f basant.local 2022/08/19 2022/10/27 65
7. b88198b6c8fd, basant.local 2023/01/20 2023/01/20 1 f48e38e9dab6
8. d85ed3e0d904 basant.local 2023/06/28 2025/08/23 99
9. 74563c77050f basant.local 2023/07/17 2024/05/10 307
10. d8bbc13b1650, basant.local 2023/09/16 2025/08/26 1951 ccd920524153, 809b20524153
11. 74563c546f01, basant.local 2023/10/18 2025/08/25 1164 40f520524153, 48b620524153
12. 346f2420ac6f, basant.local 2024/04/09 2024/04/09 2 d85ed38e808c, 346f2420ac6e
13. 7427eaac28e4 basant.local 2024/06/05 2024/06/06 8 14. f020ff69ec71, 2024/08/04 2025/04/24 22 f020ff69ec6d, d0ad08cf348c, f020ff69ec6e
15. fcaa1444b7af basant.local 2024/09/21 2025/06/04 61 CS(COMM) 1010/2025 Page 10 of 18 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 10/10/2025 at 22:17:48 S. No. Mac Address Email Domain First Last No of instance of instance of Infringem Infringem Infringem ents ent ent
16. 4ccc6a6a9bb1 basant.local 2024/10/24 2024/10/24 1
17. 4ccc6a6a9b6a basant.local 2024/12/04 2024/12/30 42
18. 8851fb666f42 basant.local 2025/03/31 2025/04/05 5 Total Hits - 5146 25.17. A perusal of the of the Plaintiffs' Software i.e., 'SolidWorks' infringement report showed that a total of 5146 infringement hits were generated from February 2021 till August 2025. 25.18. Thereafter, in September 2025, the Plaintiffs availed the services of an independent investigator to ascertain the scope and extent of the Defendants' use of the Plaintiffs' Software. During the investigation, the independent investigator discovered profiles of one of Defendants' current employee on third-party job portal, www.naukri.com. The Investigator came across the Naukri profile of one, Mr. Vinay Kumar Pant, who was working as a Technologist at Defendant No. 2 company. Thereafter, the investigator conducted telephonic investigation of Mr. Vinay Kumar Pant. Mr. Vinay informed the Investigator that he has been using the Plaintiffs' Software while working with the Defendants. Mr. Vinay Kumar Pant further stated there are eight designers working in his team for design work of the company who also use the Plaintiffs' Software's 2024 version for the same.
CS(COMM) 1010/2025 Page 11 of 18This 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 10/10/2025 at 22:17:48 25.19. The Defendants have been knowingly using pirated / unauthorized versions of the Plaintiffs' Software rather than procuring genuine licenses of the aforesaid software programs, the Defendants have infringed the Plaintiffs' copyright subsisting in the Plaintiffs' Software.
25.20. Considering the quantum, pattern, and frequency of the Defendants' infringing use of the Plaintiffs' Software, there is a huge possibility that the Defendants continue to engage in the rampant use of pirated / unauthorized use of the Plaintiffs' various software offerings and may have more computer systems than the ones identified presently. 25.21. Therefore, the Plaintiffs have a prima facie case and the balance of convenience is in favour of the Plaintiffs as the Defendants are blatantly using the Plaintiffs' Software in an unauthorized and dishonest manner and is causing irreparable harm and injury to the Plaintiffs which cannot be measured or compensated in monetary terms.
26. The material placed on record, including the details of the infringement of the Plaintiffs' Software, shows that the Defendants have been repeatedly and knowingly using unauthorized versions of the Plaintiffs' Software. The details tabulated in the infringement report disclose more than substantial number of infringement hits spread over several years, with the number of unauthorized installations increasing from nine in 2023 to eighteen in 2025. The independent investigation by the Plaintiffs further reveals that the Defendants' employees availed regular use of pirated versions of the Plaintiffs' Software. Such consistent and continuing unauthorized use by the Defendants is neither isolated nor inadvertent, but clearly indicative of mala CS(COMM) 1010/2025 Page 12 of 18 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 10/10/2025 at 22:17:48 fide intent.
27. Having considered the submissions advanced by the learned Counsel for the Plaintiffs, the pleadings and the documents on record, a prima facie case has been made out by the Plaintiffs for grant of an ex-parte 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.
28. Accordingly, till the next date of hearing, it is directed as under:
a. 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 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 developed by the Plaintiffs in any manner that may amount to infringement of the Plaintiffs' copyright subsisting in their software programs and software related documentation; b. 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 CS(COMM) 1010/2025 Page 13 of 18 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 10/10/2025 at 22:17:48 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 and software related documentation of the 'SolidWorks' software and their various versions or any other software programs developed by the Plaintiffs.;
29. Let the Reply to the present Application be filed within four weeks after service of Notice. Rejoinder thereto, if any, be filed before the next date of hearing.
30. List before this Court on 23.01.2026.
I.A. 23862/2025 (for Appointment of Local Commissioner)
31. The present Application has been filed by the Plaintiffs' under Order XXVI Rule 9 read with Order XXXIX Rule 7 of the CPC, seeking appointment of a Local Commissioner. The Court has considered the merits of the Plaintiffs' case and has granted an ex-parte ad-interim injunction as recorded above in I.A. 23861/2025 under Order XXXIX Rule 1 and 2 of the CPC.
32. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint Local Commissioner to visit the Defendants' premises at the following address:
Sr. Particulars Name of Local Commissioner
No.
1. Basant, Khasra No 129 & 131, Mr. Kailash Chauhan, Advocate Village Bhandu Kalan, Tehsil Mobile No.: [+91 6266821623] Luni, Jodhpur, Rajasthan 342001 CS(COMM) 1010/2025 Page 14 of 18 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 10/10/2025 at 22:17:48
33. The mandate of the learned Local Commissioner is as under:
a. The learned Local Commissioner shall visit the premises of the Defendants as per the above table, to inspect and seize any Hard Disks of the computers, compact discs and / or other storage / replicating media and determine if the aforesaid storage / replicating media contain pirated / counterfeit / unlicensed versions of the Plaintiffs' 'SolidWork' software programs. If the computers and / or other storage / replicating media of the Defendants are password protected, the Defendants shall make accessible the said password(s) to enable the learned Local Commissioner to execute the Commission;
b. If knowledge is acquired of any other premises than the aforesaid premises, where the Plaintiff's 'SolidWork' software programs could be stored or services can be provided from, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well; c. The learned Local Commissioner shall also obtain the details as to since when Plaintiffs' 'SolidWork' software programs are being used and obtain copies of the accounts, if the same is found to be sold in the market;
d. The learned Local Commissioner shall take into evidence any of the Plaintiffs' software programs which may be available on the Defendants' system, which shall be copied on a hard drive 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 CS(COMM) 1010/2025 Page 15 of 18 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 10/10/2025 at 22:17:48 the matter. The Local Commissioner shall get the said undertaking executed by the Defendants;
e. The learned Local Commissioner shall obtain accounts including ledgers, stock registers, invoice books, receipt books, cash books, purchase and sale records, license summaries and any other books of record or commercial transactions kept at the premises of the Defendants, and take photocopy and / or record of all such transactions that pertain to the Plaintiff's 'SolidWork' software programs, if any. The Defendants shall cooperate and give passwords to the computers and the files containing the accounts, if the same is stored on the computer or a specific software;
f. After preparation of the inventory, the seized and sealed Hard Disks of the computers, compact discs, and / or other storage / replicating media as found to contain unlicensed / pirated / counterfeit versions of any of the Plaintiffs' 'SolidWork' software programs and return the said seized and sealed Hard Disks shall be released to the Defendants on superdari. The monetary value of the stock shall also be ascertained; g. The learned Local Commissioner is also permitted to break open the locks, with police help, if access to the premises where the infringing goods and products have been stocked / manufactured, is denied to the Commissioner;
h. Upon being requested, the concerned Station House Officer (SHO) shall render necessary cooperation for execution of the Commission, as per this order;CS(COMM) 1010/2025 Page 16 of 18
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 10/10/2025 at 22:17:48 i. The learned Local Commissioner is permitted to take photographs and videographs of the proceedings of the Commission, if it is deemed appropriate. Two representatives of the Plaintiffs, which would include a lawyer and a technical expert are permitted to accompany the learned Local Commissioner;
j. The learned Local Commissioner, while executing the Commission, shall ensure that there is no disruption to the business of the Defendants, except for the purposes of the execution of the Commission. The Commission shall be executed in a peaceful manner.
k. After the execution of the Commission, the Defendants are free to approach the Court within a period of two weeks, if they intend to obtain the license of the Plaintiffs' SolidWorks software program. The Defendants are also free to negotiate with the Plaintiffs and its representatives for the purpose of obtaining the licenses.
34. Either the learned Counsel for the Plaintiff or the learned Local Commissioner is directed to collect the certified copy of this Order from the Registry (Dispatch Branch) before the execution of the Commission.
35. The learned Local Commissioner shall carry the certified copy of this Order for execution of the Commission and a copy of the same shall be served upon the Defendants by the learned Local Commissioner at the time of the execution of the Commission.
36. The fees of the learned Local Commissioner is fixed at ₹2,00,000/- (Rupees Two Lakh only) excluding out of pocket expenses, travel, lodging CS(COMM) 1010/2025 Page 17 of 18 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 10/10/2025 at 22:17:48 etc. All the aforesaid expenses shall be borne by the Plaintiff and paid in advance to the learned Local Commissioner named hereinabove.
37. The Commission shall be executed within two weeks from the date, and the report of the learned Local Commissioner shall be filed within a period of two weeks thereafter.
38. Compliance of Order XXXIX Rule 3 of CPC shall be done within two weeks after the execution of the Commission.
39. It is directed that this Order shall be uploaded on the Court's website after the execution of the Commission is completed, to enable effective execution thereof.
40. List before this Court on 23.01.2026.
41. Order dasti under the signature of the Court Master.
TEJAS KARIA, J SEPTEMBER 23, 2025/ 'A' CS(COMM) 1010/2025 Page 18 of 18 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 10/10/2025 at 22:17:48