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(iii) Ex.P.2, P.3, P.4 and P.5, being the computer programmes developed by the plaintiff named (a) Microsoft Office 2000, (b) Microsoft Windows 98 Operating Systems, (c) Microsoft Visual Basic (d) Microsoft Visual C++.

(iv) Ex.P.6 and P.7 being the certificate of registration pertaining to the registration of the trade mark Microsoft in name of the plaintiff.

(v) Ex.P.8 being the affidavit of Mr. Vikas Arora, an employee of the plaintiff who purchased a computer from the defendants loaded with the pirated software of the plaintiff.

(vi) Ex.P.9 being the affidavit of a technical expert Mr. Sunil John who studied the hard disk of the computer purchased from the defendants by Mr. Vikas Arora and reported loading of pirated software of the plaintiff on the hard disk.

6. Plaintiff has also filed affidavit by way of evidence of Shri Sanjiv Sharma a Chartered Accountant. Said evidence brings on record and proves the following:-

(i) Evidenced from the bill issued by the defendants on 3.9.1992, the fact that the defendants are in business since 1.4.1996 because of the reason the bill records sales tax registration w.e.f. 1.4.1996.

11. Evidence further establishes hard disk piracies by the defendants. It establishes that the defendants are pirating software of the plaintiff and are loading the same on the hard disk of the computers sold by said defendants without permission from the plaintiff.

12. Though assumptive i.e. based on the assumption of sale of 100 computers each year and on the basis of the popularity of the computer software, as also sold computers being loaded with the pirated software, loss of profit to the plaintiff in sum of Rs. 19.75 lacs stands established.

13. It may be true that the financial loss is based on certain assumption, but it cannot be helped for the reason the defendant has chosen to remain ex-parte.

14. Assertion of the witnesses of the plaintiff that the plaintiff has a copyright in the pirated software has gone unrebutted.

15. Evidence on record establishes that the defendants are engaged in the business of assembling computers and sale to the public under the name of defendant No. 2.

16. Before a computer can function to carry out the tasks required by its owner, it has to be properly loaded with one or more operating systems. The operating system is nothing but a software contained in a CD. The defendants are supplying computers pre-loaded with the software of the plaintiff.