Delhi High Court - Orders
Quadrant Softtech Private Limited vs Manish R Watkar And Anr on 8 December, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O.(COMM.IPD-CR) 732/2022
QUADRANT SOFTTECH PRIVATE LIMITED ..... Petitioner
Through: Mr. Mohd. Bilal and Mr. Rahul
Kumar, Advs. (M. 9693960001)
versus
MANISH R WATKAR AND ANR ..... Respondents
Through: Mr. Kabir Jhamb, Adv.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 08.12.2023
1. This hearing has been done through hybrid mode.
2. The present petition under Section 50 of the Copyright Act, 1957 was initially filed before the erstwhile IPAB. Thereafter, pursuant to the provisions of the Tribunal Reforms Act, 2021, the petition was transferred to this Court.
3. Vide the present petition, the Petitioner-Quadrant Softtech Pvt. Ltd. seeks rectification of the copyrighted computer software titled 'Patsantha Software' bearing registration no. 'SW-10361/2018' dated 4th April 2018 (hereinafter, 'impugned registration'). The details of the copyrighted work are as follows:
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 12/12/2023 at 00:38:45 ROC No. SW-10361/2018 ROC Date 04 Apr 2018 Dairy No. 1115/2018-CO/SW Work Title Patsanstha Software Type Of Work Computer Software Published Yes Applicant Name Manish R. Watkar Author Name Manish R. Watkar
4. The background of the present petition is that the Petitioner claims to be the biggest supplier of computer software in Maharashtra. In September 2013, the Petitioner company began developing a software named 'SHARP BANK'. On 1st May, 2016, Mr. Manish R. Watkar was appointed by the Petitioner company for further development of 'SHARP BANK', leading to the creation of "e-SHARP BANK" and related software.
5. Thereafter, the Petitioner company applied for copyright registration of 'SHARP BANK' and related software in March 2018, which was granted vide copyright registration bearing no. 'SW-10557/2018' dated 26th April 2018.
6. In the meantime, on 16th January, 2018, the Petitioner company discovered that 'Profficient Technologies' was selling software run by three of its former employees, including Mr. Manish R. Watkar. It was found that Mr. Manish R Watkar obtained copyright registration for a software titled 'Patsanstha Software'.
7. Legal notice dated 10th March 2018 was served to the involved former employees, and multiple complaints were filed with the Police 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 12/12/2023 at 00:38:45 authorities.
8. Reply to the present petition by Respondent No. 1 has been filed on 20th July, 2018. Today, ld. Counsel for the Respondents seeks an adjournment.
9. Ld. Counsel for the Petitioner submits that there are also criminal proceedings have been launched against the Respondents, and the FSL report is awaited. Accordingly, he prays for time to file a rejoinder. Let the same be filed within eight weeks.
10. List before the Joint Registrar on 25th January, 2024.
11. List before the Court on 3rd May, 2024.
PRATHIBA M. SINGH, J.
DECEMBER 08, 2023/dk/dn 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 12/12/2023 at 00:38:45