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Neutral Citation Number: 2022/DHC/004831 Plaintiffs have broadly referred to the infringing activities of the Defendants, recently discovered by the Plaintiffs, in paras 44 to 93 of the plaint and it is neither necessary nor was feasible or even possible to have pleaded in the plaint about the infringing activities of the Defendants relating to every Insurance company, with whom they have been or are dealing and using 'HealthBuzz'. These documents have also become relevant on account of the averments in the written statements, where Defendants have denied having any access to data, documents, source code or confidential information of the Plaintiffs. Defendants have also denied that they had abused the faith reposed in them or cheated the Plaintiffs or siphoned of Plaintiffs' business while being employed with them and have instead stated that they were free to enter into a contract for managing the Plaintiffs software 'HealthBuzz'. The additional documents sought to be placed on record will evidence that contrary to the stand in the written statements, Defendants have continued to infringe, by supplying the HealthBuzz- Claims System to one of Plaintiffs' clients, which was impossible without accessing Plaintiffs' proprietary software and copyrighted source code.

25. Documents (kk) to (oo) relate to the HealthBuzz-Claims System supplied by the Defendants to Liberty. It is the stand of the Plaintiffs that the infringing activities of the Defendants are continuing, contrary to the stand in the written statements that they have no access to data, documents, source code etc. of the Plaintiffs. Additionally, Defendants have also stated that they are free to enter into a contract for managing the Plaintiffs' software HealthBuzz. These documents would demonstrate that Defendants have supplied the HealthBuzz-Claims System to one of Plaintiffs' clients i.e. Liberty, after the filing of the suit, which could not have been done without having Plaintiffs' proprietary software and copyrighted source code and in this context the Software License and Support Agreement dated 16.12.2014 entered between the Plaintiffs and Liberty becomes relevant. Documents are not to make out a fresh cause of action, as alleged by the Defendants and there are substantial pleadings in the plaint that Defendants are continuing to infringe.