Calcutta High Court
Edominer Systems Pvt. Ltd vs Vikash Varma on 17 February, 2009
Author: Patherya
Bench: Patherya
GA No. 410 of 2009
CS NO.30 OF 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
EDOMINER SYSTEMS PVT. LTD. Plaintiff/Petitioner/Applicant
Versus
VIKASH VARMA Defendant/Respondent
MR.A.MITRA,MR.J.CHOWDHURY,MR.D.CHOWDHURY, MR.S.CHOWDHURY ADVOCATES FOR THE PETITIONER BEFORE:
The Hon'ble JUSTICE PATHERYA Date : 17th February, 2009.
The Court :In a suit for perpetual injunction restraining use of the software "Edominer Extended ERP" an interim application has been filed for an order of injunction restraining the respondent from commercially exploiting the said software as an interim measure.
The case of the petitioner is that it is engaged in the business of software development and software licensing. For one of its clients, a software was developed, such software was unique in nature and was registered under the Copyright Act. The respondent, one of its employees, was entrusted with operating the said software and for such purposes a confidentiality agreement was entered into between the plaintiff and the respondent and the plaintiff's sister concern and the respondent. In spite of said confidentiality agreement upon the respondent leaving the services of the petitioner's sister concern it has come to the notice of the petitioner that such software is being commercially exploited by the respondent. In fact, the said was detected on 10th January, 2009 and when confronted over telephone on 10th January, 2009 the respondent has admitted to its use and has said that he apologised for the same. As the said software was created for one of its clients the file has been modified and 2 a new data base access created. There is an apprehension that the said changed source of code can also be tampered with by the respondent, hence, the instant application has been filed for interim reliefs.
No notice of this application has been served upon the respondent as the petitioner apprehends that the same will be prejudicial to its interest.
Having considered the facts and circumstances of the case and in view of the admission by the respondent of his use of the said software, in the interest of justice, commercial exploitation of the software by the respondent ought to be restrained as the petitioner has a copyright in the said software and is entitled to exclusive user thereof.
Accordingly, there will be an order in terms of prayer
(a) of the Notice of Motion till 26th February, 2009.
Needless to mention that the respondent is restrained from tampering with the petitioner's software mentioned above till 26th February, 2009.
Matter is made returnable 20th February, 2009. The petitioner is directed to communicate this order and serve a copy of the application on the respondent.
The original of the official translation of the conversation dated 10th January, 2009 alongwith the recorded conversation in a compact disc be kept on record.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
( PATHERYA, J.) S.Bhattacharyya Assistant Registrar(C.R.)