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MANMOHAN, J : (Oral)

1. Present suit has been filed for permanent injunction restraining infringement of copyrights, delivery of profits, rendition of accounts, damages and delivery of all plaintiffs' unlicenced pirated software. The prayer clause of the present suit is reproduced hereinbelow:-

"I. A Decree of Permanent Injunction restraining the Defendants, their principal officers, directors, agents, franchiesees, servants and all others acting for and on their behalf, from directly or indirectly reproducing/storing/ installing and/or using pirated/unlicensed software‟s of the Plaintiffs, thereby Infringing Copyright in the Plaintiffs‟ computer programs/software titles;

II. A Decree of Delivery up of all the impugned products being unlicensed/pirated software contained in hard disks, compact disks, floppy disks or other storage media and including any CD Writers/Burners, or any other material infringing or aiding in the infringement of the Copyright of the Plaintiffs, such as infringing copies of user Instruction Manuals of the abovementioned software titles, lying in the possession of the Defendants and their principal officers, directors, agents, franchisees, servants etc;

7. On 09th September, 2009, this Court by an ex parte order restrained the defendants, its employees, agents, servants etc. from using the plaintiffs' unlicensed software till the next date of hearing. On the said date of hearing, three Local Commissioners were also appointed to visit three different premises of the defendants in Kolkata.

8. On 18th September, 2009, when the Local Commissioners visited the respective offices of the defendants, they found a total number of 76 computer systems installed with around 100 unlicensed/pirated software titles of the plaintiffs.