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(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. The present proceedings had been initiated for alleged violation of the order dated 21.2.2018 passed on Exh.71 by the Commercial Court, Vadodara. For the purpose of immediate reference, said order which is alleged to have been violated or not complied is extracted hereinbelow:

"Plaintiff is also directed to submitted the certified copy of the copyrighted software's source code and object code in sealed cover on 21.2.2018."

3. Perused the records. The pivotal issue in this contempt proceedings revolves around non-compliance of the order dated 12.2.2018. In fact, said order dated 21.2.2018 has been further clarified by order dated 4.5.2018 passed on Exh.92 whereunder the learned trial judge has observed as under:

"4. Having considered the submissions, in these circumstances, it is made clear that the expert shall compare registered object code and source code of the software of the plaintiff with the defendants' software. The other material/additional material (which is not in accordance to the orders of the court) produced by the plaintiff in the sealed cover need not to be considered by the expert. It is made clear that this Court has passed the orders for comparison of the source code and object code in respect of registered version of the plaintiff. The orders dated 12/02/2018 and 28/02/2018 passed by this Court and order dated 21/10/2017 of the Hon'ble High Court be complied with in letter and spirit. It is again made clear by the court that at the time of deciding the logistic for comparison of source code C/MCA/1057/2018 ORDER DATED: 22/11/2021 and object code, the Court will decide that what material is required to be sent for comparison in compliance of the orders. Further keeping in view the confidentiality of source code, the certified copy of the software advisor G.O. be kept in sealed cover. The separate order for safe custody of the software will be passed today.