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1. The plaintiffs have filed the present suit for permanent injunction restraining infringement of copyrights, delivery up, rendition of accounts of profits, damages etc. against the defendants.

2. The suit along with interim application was listed before Court on 18th December, 2009. After hearing, detailed ex-parte ad interim injunction order was passed thereby restraining them, their principal officers, directors, agents, franchisees, servants and all others acting for and on behalf of the defendants from directly or indirectly reproducing/storing/installing and/or using pirated/unlicensed software programs of the plaintiff No.1.

15. The plaintiffs' ex-parte evidence was closed on 20th January, 2012.

16. PW-1 filed additional evidence by way of affidavit and also exhibited certain documents exhibited as Ex.PW1/7 and Ex. PW 1/8 in support of its case. The same are as follows :

CS (OS) No.2435/2009 Page 6 of 10
 Affidavit under Section 65B of the Indian Evidence Act, 1872 of Mr. Sandeep Gupta has been exhibited as Ex.PW1/7;  E-mail indicating the price lists of the unlicensed/pirated software program has been exhibited as Ex.PW1/8.

20. Counsel for the plaintiffs submits that for the purposes of computation of damages, the plaintiffs have filed emails indicating the price lists of the software programs found during the execution and the same have been exhibited as Ex.PW1/8. It is the plaintiffs' case that the unlicensed/ pirated software programs found installed at the defendants' premises and the damages suffered in consequence to the same have been amounted to a total sum of Rs.17,10,841/-.

21. Counsel has placed reliance on the following judgments :-

(iii) In Microsoft Corporation v. Kiran & Anr. 2007 (35) PTC 748 (Del) this Court observed that "Software piracy is a menace and needs to be put down with a heavy hand".
(iv) In Adobe Systems Inc. & Anr. v. P.Bhoominathan & Anr.

2009(39) PTC 658 (Del) Court granted both compensatory and punitive damages to the plaintiff.

22. In view of the above, a decree for permanent injunction is passed in terms of para 35(I) of the plaint in favour of the plaintiffs and against the defendants restraining them, their principal officers, directors, agents, franchisees, servants and all others acting for and on their behalf, from directly or indirectly reproducing/storing/installing and/or using pirated/unlicensed software programs of the plaintiff No.1.