Delhi High Court - Orders
M/S E. I. Technologies Pvt Ltd vs Bentley Systems Incorporated & Ors on 11 December, 2025
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 183/2025 & CM APPL. 42558/2025, CM APPL.
42559/2025
M/S E. I. TECHNOLOGIES PVT LTD. .....Appellant
Through: Mr. Rohan Dewan, Adv.
versus
BENTLEY SYSTEMS INCORPORATED & ORS. .....Respondents
Through: Mr. Ankur Katyal, Mr. Mukul Pratap
Singh & Mr. Taarush Bajaj, Advs.
CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 11.12.2025 CM APPL. 67878/2025 (seeking release of computer system of appellant)
1. Vide order 07th November 2025, this Court had dismissed the present application.
2. However, at this stage, the application is restored by this Court on the basis of oral submissions made by the counsel appearing on behalf of appellant [original defendant], and the same was not opposed by the counsel for respondent [original plaintiff].
3. The said application has been restored to its original position.
4. This application filed by the appellant/defendant seeks release of computer system of the appellant/defendant seized in terms of order dated 11th December 2024, of the Trial Court. The appeal otherwise impugns order dated 21st April 2025, whereby the Trial Court dismissed the appellant's application under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 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 16/12/2025 at 20:38:46 ('CPC'), seeking vacation/modification of the ex-parte ad interim injunction granted on 11th December 2024.
5. As per order dated 11th December 2024 passed in an application under Order XXXIX Rule 1&2 of CPC, moved by respondent/plaintiff, one computer system was seized on the basis that it was operating infringing software of the respondent/plaintiff.
6. Appellant's counsel submits that the said computer was used for creating drawings, designs and estimate for several big irrigation projects inter alia for the Government of Karnataka, and that some of the similar surveying activities were for governmental authorities in Noida, Uttar Pradesh. Such computer contains information/ data related to other similar projects. Computer being seized, has resulted in stalling of the work that needs to be carried out by the appellant for these projects.
7. As per appellant's stand, they had installed a trial version of respondent's/plaintiff's software on the seized computer system and subsequently had also purchased the full version from an authorized dealer of the respondent/plaintiff.
8. Counsel for respondent, however, contends that the trial is still to commence and for that purpose, the seizure of the computer is necessary since the data forms part of the evidence.
9. While the appeal is pending, this application has been moved for release of the computer system. In order to balance the equities, the Court considered the option of releasing the computer system after its image/copy of the date is retained in the custody of the Court, and a technical report by a forensic/IT expert is submitted, who can ascertain whether the computer system was running the trial version or any other version of the plaintiff's 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 16/12/2025 at 20:38:46 software.
10. Respondent's counsel states that this can be done under the aegis of Local Commissioner to be appointed by this Court provided the appellant bears all the expenses, to which the appellant's counsel states on instructions that they are agreeable. Accordingly, the following directions are passed:
I. One senior IT official i.e. Mr. Venkat Mangudi, Founder & CEO of Elytra Security, a cyber security firm having address: 7 th Floor, Kirloskar Tech Park, Hebbal Kempaparu, Bengaluru-560024; Mobile No. 9900180761, shall be provided access to the seized computer and will carry out the following tasks:
(i) create copies of the data contained in the seized system and submit the image copy with hash value in a hard drive/pen drive in a sealed cover to be submitted before the Registry of this Court which shall be retained and;
(ii) determine whether the seized system had a legitimate trial version or a pirated version or any other version of the respondent's /plaintiff's software and prepare a report to be submitted to this Court.
II. Said exercise shall be done in the presence of the representative of the appellant and the respondent including their respective counsels. III. Said inspection shall commence on 18th December 2025 at 11:00 A.M. or any other date and time as per mutual convenience of parties/counsel. Said inspection will continue till the entire exercise is complete.
IV. Fees of the Local Commissioner is fixed at Rs.1,00,000/-, which will be paid by appellant. Aside from fees, appellant shall bear all the expenses and transportation/boarding/lodging charges of the Local 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 16/12/2025 at 20:38:46 Commissioner.
V. Appellant's demand that the fees be shared by the respondent, which will be considered and subject to final adjudication in this appeal. VI. Copy of the report along with the sealed envelope of hard drive/pen drive shall be submitted by the Local Commissioner on or before 24th December 2025.
VII. Parties and counsels shall not cause any impediment in this exercise to be carried out by Local Commissioner and will fully facilitate proper completion of the process.
VIII. In case of any grievance that either party may have in this regard, they shall be at liberty to seek further directions from the Court. IX. To ensure unhindered and effective execution of this order, the Station House Officer ("SHO") of the local police station within whose jurisdiction the premises of the defendant lie, is directed to render all necessary assistance and protection to the Local Commissioner, if and when sought.
X. The Local Commissioner, while executing the local commission shall ensure that there is no unnecessary disruption to the business of the defendants except for the purposes of the execution of the commission. The commission shall be executed in a peaceful manner and defendant shall cooperate with the Local Commissioner.
11. Post the completion of exercise by Local Commissioner, and submission of the report along with deposition of pen drive/hard drive as per direction passed in paragraph 10 (I) above, the said computer system be released to appellant.
12. Accordingly, the application is disposed of.
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 16/12/2025 at 20:38:46 FAO (COMM) 183/2025
1. List before this Court on 20th January 2026.
2. Order be uploaded on the website of this Court NITIN WASUDEO SAMBRE, J ANISH DAYAL, J DECEMBER 11, 2025/ak/tk 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 16/12/2025 at 20:38:46