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3. Heard Sri Siddharth Luthra and Sri Dammalaptai Srinivas, learned senior counsel appearing for Sri V.Vimal Varma and Sri Ginjupalli Subba Rao, learned counsel appearing for the petitioners/A1 and A2 respectively, Sri Dusyanth Reddy, learned Special Public Prosecutor appearing for the respondents 1 and 2, and learned senior counsel Sri Naga Mutthu, and Sri D.Purna Chandra Reddy, learned counsel appearing for the respondent No.3/defacto complainant.

4. The main contents of the complaint made by M/s.Mahathi Software Pvt. Ltd/defacto complainant [Respondent No.3 herein] are that M/s.Allscripts abruptly terminated the MOU with a notice on the 14th May, 2021, thereafter it has breached the privacy of the complainant Company by illegally accessing the servers and removed the subscription and potentially confidential data and further disabled administrative access of complainant's to its own Azure Tenant from the Complainant's office at Vizag by obtaining global admin privileges to Complainant's tenant, for illegal gains.

6. On 14.05.2021 M/s/All Scripts sent a mail from [email protected] to their MD Dr.C.Padhmavathi's mail ID and another mail ID stating that they are terminating the said SOW. M/s.Mahathi Software Pvt. Ltd. uses AZURE Cloud computing services to run their company's and clients' confidential data and other services. M/s.Mahathi Software Pvt. Ltd/defacto complainant provided "Global Admin Privileges" to the Allscripts for administrative convince.

7. That Allscripts and its officials on 14-05-2021, without M/s.Mahathi Software Pvt. Ltd/defacto complainant company's permission accessed company's user accounts and removed administrative access and removed their User Interface Layout and the intellectual property of M/s.Mahathi Software Pvt. Ltd. from 14-05-2021 to 20-05-2021, the LW.1 company/3rd respondent could not access their data and confidential information, after that they came to Cyber Crime Police Station and lodged a complaint. The petitioner in Crl.P.No.6284 of 2021 is arrayed as accused No.1 and the petitioner in Crl.P.No.6285 of 2021 is arrayed as accused No.2 in the charge sheet.

15. On 06-09-2019 respondent No.3 has assigned all of its rights and obligations under the SOW, to Andor Health LLC through an assignment agreement. Hence, Respondent No.3 has no basis to claim breach of agreement with Allscripts Healthcare, LLC and no rights under the SOW to demand access to the data or any other and no intellectual property right to any aspect of the MPE applications. As a result of the assignment agreement, Andor Health LLC billed Allscripts Healthcare, LLC for services rendered and the same was paid by Allscripts Healthcare, LLC to Andor Healthcare, LLC. Therefore, the Respondent No.3 did not have any rights to/in/or under the Microsoft enterprise account of Allscripts Healthcare, LLC.