Delhi High Court - Orders
Bentley Systems Inc & Anr vs Willus Infrastructure Private Limited ... on 11 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 837/2022 & I.A. 20410/2022
BENTLEY SYSTEMS INC & ANR. ..... Plaintiffs
Through: Mr. Shantanu Sahay and Ms.
Vareesha Irfan, Advocates (M:
9899228168).
versus
WILLUS INFRASTRUCTURE
PRIVATE LIMITED & ANR. ..... Defendants
Through: Mr. Gurdeep Singh and Mr. Garv
Singh, Advocates (M: 8826977395).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 11.10.2023
1. This hearing has been done through hybrid mode.
2. The present suit relates to the software program STAAD (Structural Analysis and Design) and STAAD Pro. The case of the Plaintiffs was that the Defendant No. 1-Willus Infrastructure Private Limited and Defendant No.2- Mr. Ritesh Bhandari were using unlicensed and unauthorised versions of the Plaintiffs' software, thereby infringing the copyright owned by the Plaintiffs. An ad interim ex parte injunction was granted on 5th December, 2022 and the parties were referred to Mediation before the Delhi High Court Mediation and Conciliation Centre in the following terms:
"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 CS(COMM) 837/2022 Page 1 of 3 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 14/10/2023 at 15:18:42
-- 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 He further states that the civil suit filed before the Saket Courts, mentioned above, shall be withdrawn by them, within a period of two weeks from today.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 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."
3. During the pendency of the suit, the parties have resolved their disputes under the aegis of the Delhi High Court Mediation and Conciliation Centre vide settlement agreement dated 26th September, 2023. As per the said settlement agreement, the Defendants have acknowledged the ownership of the IPR in the software program in favour of the Plaintiffs. It has also been assured by the Defendants that they would procure authorised licenses of the software of the Plaintiffs in terms of Annexure D of the settlement agreement.
CS(COMM) 837/2022 Page 2 of 3This 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 14/10/2023 at 15:18:42
4. The Defendants have also confirmed that they have procured requisite licenses from Advanced Educare Training Private Limited and as per Annexure D and they had paid a sum of Rs.9,72,232/- for the same. The Defendants have also assured that they would not use any unlicensed or pirated software program.
5. The Court has perused the terms of the settlement agreement. The settlement agreement is also signed by the parties and their respective counsels as also by the Mediator-Mr. Rajeev K. Virmani. The terms of the said settlement agreement are lawful. There is no impediment in recording the same.
6. The suit is, accordingly, decreed in terms of paragraph 1 to 12 of the settlement agreement read with the Annexures. All pending applications are disposed of.
7. Let decree sheet be drawn up.
PRATHIBA M. SINGH, J.
OCTOBER 11, 2023 dj/am CS(COMM) 837/2022 Page 3 of 3 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 14/10/2023 at 15:18:43