Delhi High Court - Orders
Bentley Systems Inc & Anr vs Willus Infrastructure Private Limited ... on 5 December, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 837/2022
BENTLEY SYSTEMS INC & ANR. ..... Plaintiffs
Through: Mr. Pravin Anand, Mr. Shantanu
Sahay, Mr. Apoorv Bansal and Ms.
Imon Roy, Advocates.
versus
WILLUS INFRASTRUCTURE
PRIVATE LIMITED & ANR. ..... Defendants
Through: Mr. Gurdeep Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 05.12.2022 I.A. 20411/2022 (u/ Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ["CPC"] seeking leave to file additional documents)
1. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
2. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.
3. Accordingly, the application stands disposed of.
I.A. 20412/2022 (u/ Sec. 151 of CPC seeking exemption)
4. Exemption is granted, subject to all just exceptions.
5. Plaintiffs shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
Signature Not Verified Digitally Signed CS(COMM) 837/2022 Page 1 of 4 By:AKANSHA SINGH Signing Date:05.12.2022 21:05:076. Accordingly, the application stands disposed of.
CS(COMM) 837/2022
7. Let the plaint be registered as a suit.
8. Issue summons. Summons are accepted by Mr. Gurdeep Singh, Advocate, who appears on advance notice. Let written statement be filed by Defendants within 30 days from today. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement shall not be taken on record.
9. Liberty is given to the Plaintiffs to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiffs, an affidavit of admission/ denial of documents of the Defendants, be filed by the Plaintiffs, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
10. List before the Court on 20th January, 2023.
I.A. 20410/2022 (under Order XXXIX Rule 1 & 2 of CPC)
11. Mr. Pravin Anand, counsel for Plaintiffs, states that Defendants are using pirated/ unlicensed/ unauthorised versions of Plaintiffs' software program - STAAD (including STAAD PRO). On 23rd August, 2022, a notice was sent to Defendant No. 1-Company [Willus Infrastructure Pvt. Ltd.] intimating them about institution of Pre-Suit Mediation proceedings before Delhi High Court Mediation and Conciliation Centre and requested them to join the same to explore an amicable resolution of disputes. Instead, Signature Not Verified Digitally Signed CS(COMM) 837/2022 Page 2 of 4 By:AKANSHA SINGH Signing Date:05.12.2022 21:05:07 Defendants filed a frivolous civil suit for groundless threats against Plaintiff No. 1 [Bentley Systems Inc.] before the Senior Civil Judge, Saket Courts, Delhi [being CS SCJ 1391/2022] and accordingly, Pre-Suit Mediation [M.P. No. 306/2022] was closed as "Non-Starter" vide Conciliation Report dated 15th October, 2022.
12. Nonetheless, to ascertain the extent of infringing activities of Defendants, investigation was undertaken through phone home portal and it is revealed that pirated/ unlicensed/ unauthorized version of Plaintiffs' software programs - STAAD/ STAAD PRO, were used a total of 3,900 times, as per infringement hits recorded. Reliance is placed on "Willus Infrastructure Phone Home Report", copy whereof is annexed to the instant petition.
13. Mr. Gurdeep Singh seeks and is granted one weeks' time to place his vakalatnama on record. Mr. Singh, on instructions, states that Defendants are not using and will not use pirated/ unlicensed/ unauthorized versions of Plaintiffs' software programs - STAAD/ STAAD PRO, and are willing to give an undertaking to that effect. He further states that the civil suit filed before the Saket Courts, mentioned above, shall be withdrawn by them, within a period of two weeks from today. He also requests for parties to be referred to mediation.
14. Taking Mr. Singh's statement on record and binding Defendants by the same, till the next date of hearing, the following directions are passed:
(i) Defendants are restrained from using Plaintiffs' programs - STAAD/ STAAD PRO and any of its versions that are pirated/ unlicensed/ unauthorized, in any manner, that may amount to infringement of Signature Not Verified Digitally Signed CS(COMM) 837/2022 Page 3 of 4 By:AKANSHA SINGH Signing Date:05.12.2022 21:05:07 Plaintiffs' copyright, which is subsisting in the said software programs.
(ii) Defendants are restrained from formatting their computer systems (including any external storage devices such as hard disks, pen drives, etc.) and erase/ alter any data/ log files/ installations, etc., pertaining to STAAD/ STAAD PRO software programs or any of its versions.
(iii) Defendants shall, as stated above, withdraw the suit pending before the Senior Civil Judge, Saket Courts, Delhi [CS SCJ 1391/2022], within two weeks' from today.
15. Parties are referred to Delhi High Court Mediation and Conciliation Centre ["Mediation Centre"]. The Mediation Centre is requested to appoint Mr. Rajeev Virmani, Senior Advocate, as the Mediator in the present case.
16. List before the Mediation Centre on 14th December, 2022.
17. List before the Court on 20th January, 2023 for reporting of settlement, if any.
SANJEEV NARULA, J DECEMBER 5, 2022 d.negi Signature Not Verified Digitally Signed CS(COMM) 837/2022 Page 4 of 4 By:AKANSHA SINGH Signing Date:05.12.2022 21:05:07