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Showing contexts for: software in Parviom Technologies Private Limited vs Karthik Devraj And Others on 16 September, 2022Matching Fragments
20. It is asserted that one of the most critical components necessary for the functioning of the plaintiff's boom barrier system is its 'PCB' and the proprietary software source code for the operation of the same.
21. It is asserted that the defendant no. 1 joined the plaintiff's employment on 25.05.2020 as a Firmware Engineer, and was later promoted to Senior Firmware Engineer on 03.07.2022. His responsibilities in the plaintiff's company included but were not limited to research and development, developing circuit designing of PCBs, outsourcing fabrication and manufacture of PCBs, software development and vendor empanelment for any hardware manufacturing or assembly. In the course of his employment, the defendant no. 1 had access to the copyrighted software source code, other confidential information, and also trade secrets of the plaintiff, details whereof are given in paragraph 13 of the plaint.
24. The defendant no. 4 is stated to be a software consultant who is helping the defendant nos. 1 to 3 to use the proprietary information of the plaintiff's design for nefarious purposes.
25. Having considered the contents of the plaint, the documents filed therewith, as also having heard the learned counsel for the plaintiff, in my opinion, that the plaintiff has been able to make out a good prima facie case in its favour. The documents prima facie show that while being in employment with the plaintiff, the defendant no. 1 has shared information to which the plaintiff claims proprietary rights with the defendant no. 2, including its software source code and proprietary data base. The defendant no. 2 is a competitor of the plaintiff.
b. Specifically check the computer systems of Vijay Garg, Ashish Saini, Vishal Mohan, Alok Kumar, Rajpal Rawat, Aditi Kharbanda and Kavita Rawat to identify the presence of the plaintiff's software source code, firmware and other confidential information, trade secrets and to make mirror images, if the same are found. Pursuant to the same, the Local Commissioner shall delete/ format all of the said data from the systems of the abovementioned individuals. c. Obtain access to the local and/or cloud server in which the defendant no. 2 stores its data and to identify the presence of the the plaintiff's software source code, firmware and other confidential information, trade secrets and to make mirror images, if the same are found. Pursuant to the same, the Local Commissioner shall delete/ format all of the said data from the defendant no.2's systems. d. Check the computer systems and network servers of the defendant no. 2 to find out the host having the IP addresses - 192.168.0.104 and 192.168.0.105.
i. Take assistance of one of the plaintiff's representatives, who may be allowed to be present during the local commission proceedings to assist the Local Commissioner, and a third-party computer forensic expert in identifying the plaintiff's data.
j. Install and run recovery software to check if the plaintiff's software source code, firmware and other confidential information, trade secrets were present in the computer systems being checked. k. Seek police assistance from the SHO of the police station under whose jurisdiction the above address falls and the said SHO is directed to provide prompt assistance and ensure confidentiality of the said order.