Delhi High Court - Orders
Bentley Systems Inc & Anr vs Aecons Infotech Private Limited & Anr on 11 October, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 491/2022 and I.As. 11234/2022, 11235/2022,
16443/2022
BENTLEY SYSTEMS INC & ANR. ..... Plaintiffs
Through: Mr. Apoorv Bansal & Ms. Imon Roy,
Advocates. (M:7044127966)
versus
AECONS INFOTECH PRIVATE LIMITED & ANR. ..... Defendants
Through: Ms. Megha Vats, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 11.10.2022
1. This hearing has been done through hybrid mode.
2. The present suit has been filed by Bentley Systems Inc.- Plaintiff No. 1 and Bentley Systems India Private Limited- Plaintiff No.2 for permanent injunction restraining infringement of copyright, rendition of accounts, damages etc. The Plaintiffs claim ownership rights in the 'MICROSTATION' software/ computer program. The said software platform is a Computer Aided Design ('CAD') platform which generates 2D and 3D vector graphics objects, elements and also includes Building Information Modelling ('BIM') features.
3. As per the plaint, 'MICROSTATION' software is one of the most widely used 'CAD' software products in the world. The Plaintiff seeks enforcement of the copyright in the said software.
4. The Defendant No. l is an IT company and is providing strategic BIM consulting services. The case of the Plaintiff is that the Defendant was using CS(COMM) 491/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.10.2022 17:01:57 unlicensed software.
5. Vide order dated 21st July, 2022, an interim injunction was granted in the following terms:
"17. The Plaintiffs being the owner of copyright in 'MICROSTATION' software have made out a prima facie case in their favour for grant of an ex-parte ad interim injunction against the Defendants. Considering the nature of the matter, if notice is given to the Defendants, there is a likelihood that the Defendants may be able to erase the software programmes itself and the act of infringement may go undetected. Thus, the balance of convenience also lies in favour of the Plaintiffs and an irreparable loss would be caused to the Plaintiffs if the injunction is not granted at this stage. Accordingly, the Defendants, their agents, servants, employees and any other acting for and on their behalf stand restrained from directly or indirectly reproducing, storing or using 'MICROSTATION' software program without obtaining licenses from the Plaintiffs."
6. Parties have now settled their disputes and have filed an application bearing no.I.A. 16443/2022 under Order XXIII Rule 3 CPC for joint settlement (hereinafter, settlement application). The terms of the settlement are contained in paragraph (a) to (g) of the settlement application. The Defendants have obtained software licenses, as per annexure A of the settlement application, to the tune of 20 licenses Bentley MicroStation Perpetual License and Selection Subscription. The value of the same is to the tune of Rs.88,50,000/-.
7. Ld. counsel appearing for the Plaintiffs submits that two instalments of the payments have been received by the Plaintiff and two other instalments are yet to be received. The same are due in November and CS(COMM) 491/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.10.2022 17:01:57 December, 2022.
8. In view of the settlement application which has been signed by the parties as also by ld. counsel for the parties, the suit is liable to be decreed in terms of the settlement terms (a) to (g) of the application. Decree sheet be drawn accordingly.
9. Settlement application shall form part of the decree.
10. All pending applications are disposed of.
PRATHIBA M. SINGH, J.
OCTOBER 11, 2022 dj/kt CS(COMM) 491/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.10.2022 17:01:57