Delhi High Court - Orders
Bentley Systems Inc & Anr vs Oiltech Engineering India Private ... on 30 January, 2023
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~20 (Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 49/2023
BENTLEY SYSTEMS INC & ANR. ..... Plaintiffs
Through: Mr. Pravin Anand, Mr.
Shantanu Sahay and Ms. Imon Roy, Advs.
versus
OILTECH ENGINEERING INDIA
PRIVATE LIMITED & ANR. ..... Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 30.01.2023
CS(COMM) 49/2023
1. The plaintiffs allege infringement, by unauthorised use and consequently the infringement, by Defendant 1 (of which Defendant 2 is the Director), of the plaintiffs' STAAD (STAAD.Pro) and SACS software, devised by the plaintiffs and in which the plaintiffs claim to hold copyright. The averments in the plaint make out a prima facie case to justify the said assertions. The plaint avers that, though certain other software programs, devised by the plaintiffs, were licensed to Defendant 1, Defendant 1 has further been downloading and using, without authorization from the plaintiffs, STAAD.Pro and SACS software, with which the present plaint is concerned. The plaint has also set out, in detail, the manner in which the plaintiffs claim to discover the said unauthorised usage, by the defendants, of the plaintiffs' software.
2. I have heard Mr. Pravin Anand, learned Counsel for the plaintiffs. Mr. Anand also points out that, in order to manifest its bona Signature Not Verified Digitally Signed CS(COMM) 49/2023 Page 1 of 4 By:SUNIL SINGH NEGI Signing Date:01.02.2023 17:27:37 fides, the plaintiffs had also attempted to settle the dispute by pre- litigation mediation, but the defendants remained uncooperative.
3. The averments in the plaint make out a prima facie case of unlicensed and unauthorised usage, by the defendants, of the STAAD.Pro and SACS software, of which the plaintiffs are the inventors, authors and producers and in which, therefore, the plaintiffs hold valid copyright within the meaning of Section 14 of the Copyright Acts, 1957.
4. Prima facie, therefore, unauthorised usage, by the defendants, of the said software programs constitutes infringement of the copyright within the meaning of Section 51 of the Copyright Act.
5. A prima facie case is, therefore, made out in favour of the plaintiffs. The plaintiffs have also made out a case justifying grant of an interlocutory relief even at this stage, as continued infringement of the plaintiffs' copyright cannot be permitted. The plaintiffs have also pleaded that the unauthorised usage is leading persons to believe that the defendants are licensed to use the said software, which will result in irreparable prejudice to the plaintiffs.
6. For these reasons, the plaint seeks an injunction against the defendants from using the aforesaid unlicensed STAAD.Pro and SACS software programs as well as its various versions or any other software program, developed by the plaintiffs for which no licence has been issued to the defendants. Additionally, prayers for delivery-up, rendition of account, damages and costs have also been incorporated in the plaint.
Signature Not Verified Digitally Signed CS(COMM) 49/2023 Page 2 of 4 By:SUNIL SINGH NEGI Signing Date:01.02.2023 17:27:377. In the circumstances, let the plaint be registered as a suit. Issue summons in the suit.
8. Written statement, accompanied by affidavit of admission and denial of the documents filed by the plaintiffs be filed within 30 days with advance copy to learned Counsel for the plaintiffs who may file replication thereto, accompanied by affidavit of admission and denial of the documents filed by the defendants within 30 days thereof.
9. List before the learned Joint Registrar (Judicial) for completion of the pleadings, admission and denial of documents and marking of exhibits on 10th March 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.
I.A. 1674/2023 (Order XXXIX Rules 1 and 2 of the CPC)
10. This application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeks interlocutory relief. For the reasons as aforesaid, till the next date of hearing, the defendants and also others acting on their behalf shall stand restrained from directly or indirectly using, for any purpose, any pirated, unlicensed or unauthorised software of the programs in which the plaintiffs hold copyright, or reproducing or distributing any such program, including STAAD.Pro and SACS software or any version/versions thereof.
11. In order to ensure that these proceedings are not prejudiced, the defendants shall also stand restrained from formatting their computer systems or erasing any data, log files, installation etc. or permitting or assisting others to infringe the plaintiffs' copyrights including, but not limited Signature Not Verified to, the copyright in the STAAD.Pro and SACS software Digitally Signed CS(COMM) 49/2023 Page 3 of 4 By:SUNIL SINGH NEGI Signing Date:01.02.2023 17:27:37 programs. The plaintiffs are directed to comply with the provisions of Order XXXIX Rule 3 of the CPC within a period of one week from today.
12. Issue notice, returnable on 10th April 2023 before the Court.
13. Reply, if any, be filed within four weeks, with advance copy to learned Counsel for the plaintiffs who may file rejoinder thereto, within four weeks thereof.
IA 1675/2023 (Order XI Rule 1(4) of the CPC)
14. This application seeks permission to file additional documents. The plaintiff is permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act within four weeks from today.
15. The application stands disposed of accordingly.
I.A. 1676/2023 (exemption)
16. Subject to the plaintiffs filing legible copies of any dim or illegible documents within 30 days, exemption is granted for the present.
17. The application is disposed of.
C.HARI SHANKAR, J JANUARY 30, 2023 rb Signature Not Verified Digitally Signed CS(COMM) 49/2023 Page 4 of 4 By:SUNIL SINGH NEGI Signing Date:01.02.2023 17:27:37