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9. She relies upon the judgment of the Division Bench in Autodesk Inc and Ors. V. A.V.T. Shankardass and Ors1. to contend that in identical facts the Division Bench held that appointment of the Court Commissioner is imperative to preserve the evidence of software piracy. She has drawn our attention to the observations made by the Division Bench on the issue of quality of evidence required at an ex-parte stage from the plaintiff with respect to the proof of infringement.

11. Having heard the learned counsel for the appellants and after perusing the order passed by the learned District Judge, we agree with the submissions made by the learned counsel for the appellants, more particularly in the facts of this case pertaining to software piracy that even if the learned District Judge was not inclined to pass an ad-interim ex-parte order, it should have at least issued notice on the applications under Order XXXIX Rules 1 and 2 of the CPC, 1908, more so, keeping in view of the case pleaded by the appellants in the suit as well as in the applications.

CM APPL. 23711/2026 (For appointment of local commissioner(s).

14. We find merit in the submission of the appellant that the facts of this case are identical with Autodesk Inc and Ors. (supra). In the said case as well the learned Single Judge while declining to grant ad-interim ex-parte injunction and issuing notice on the injunction application as well as the summons in the suit, had however dismissed the application seeking 1 MANU/TN/0133/1986, paragraph no. 14 appointment of Local Commissioner. The Division Bench in the intra Court appeal itself proceeded to appoint the Local Commissioner so as to preserve the evidence of software piracy.

15. Accordingly, we have taken up for consideration the application for appointment of Local Commissioner being CM APPL. 23711/2026 filed in this appeal so as to preserve the evidence of infringement/software piracy. This Court deems it appropriate to appoint two (2) Local Commissioners; as per the details provided hereinunder:

                                S.No   ADDRESS                              PARTICULARS
                                1.     Wing C, Unit No. 303 and 304,        Ms. Krisha Baweja,
                                       Corporate Avenue,                    Mob. 8860059481
                                       Guru Gobindji Marg,
                                       New Andheri Kurla Link Road,
                                       Andheri East Mumbai,
                                       Maharashtra - 400093
                                2.     Unit No. 502, Wing B, Satellite      Mr.            Shivam
                                       Gazebo, Andheri Kurla Road,          Parashar,        Mob.
                                       Chakala, Andheri East, Mumbai,       9643938332
                                       Mumbai Suburban, Maharashtra -
                                       400093