Delhi High Court
Microsoft Corporation vs Mr. Kartik Agarwal And Anr. on 23 March, 2001
Bench: K Gupta
ORDER
I.A No.2832/2001
1. Sh.Singh states that deficit court fee will be made good during the course of day. Application stands disposed of. I.A.
No.2831/2001
2. Allowed subject to just exceptions.
Suit NO. 604/2001
3. Summons to the defendants, returnable on 2nd August, 2001 . PF and Registered A.D. covers be filed within three days.
IA No.2829/2001
4. Having considered the averments made in plaint and documents filed therewith, I am satisfied that plaintiff has prima facie made out case for grant of prayers (A) & (8) in para No.30 of the application and object of granting injunction will be defeated by reason of delay- Notice to defendants for 24th April, 2001. In the meantime, the defendants are restrained from using unlicensed software of plaintiff-company or reproducing the software of plaintiff in contravention of terms of End-User License Agreement, sample copy whereof has been filed and/or infringing in any manner the copyrights of plaintiff in its computer programmes. Defendants are further restrained from infringing the plaintiff's trade mark 'MICROSOFT' in classes 9 & 16 registered against. Nos.4304498 & 430450B. dusty
5. Compliance of Rule 3 of Order XXXIX CPC be
made within three days.
IA No.2830/2001
6. Having heard Sh. Singh and having considered- the averments made in plaint and this application, Sh. Rajesh Gupta, Advocate, is appointed as local commissioner with the direction to visit defendants' premises at 164/3, Vasavi Temple Road, Bangalore & 311, 1st Main, 40th Cross, 8th Block, Jayanagar , Bangalore and inspect the Hard Disks of the computers lying there and determine if they contain the plaintiff's programs. Local commissioner may take the help of technical expert to be provided by the plaintiff-company for this purpose. Defendants are directed to provide password particulars of computer(s) to enable the local commissioner to carry out the said job. Local commissioner will also make inventory of the number of computers, computer softwares contained on each computer including product identification numbers, other hardware and related end-user licenses, if any, in addition to signing of the books of accounts including ledgers, cash books, purchase and sale records which may be found lying there. Local commissioner may cause the prints of disks taken out, if facility in respect thereto is provided by the plaintiff. Local commissioner may seek assistance of police, if necessary, to execute the commission and break open the locks of said premises. Fee of local commissioner is tentatively fixed at Rs.12,500/- which will be paid by the plaintiff. Report be filed within ten days.
7. Sh.Sameer Aggarwal, Advocate, is appointed as local commissioner with the direction to visit the defendants' premises at 58, Veerasandara Indl. Area , Hosur Road, Bangalore and inspect the Hard Disks of the computers lying there and determine if they contain the plaintiff's programs. Local commissioner may take the help of technical expert to be provided by the plaintiff-company for this purpose.. Defendants are directed to provide password particulars of computer(s) to enable the local commissioner to carry out the said job. Local commissioner will also make inventory of the number of computers, computer softwares contained on each computer including product identification numbers, other hardware and related end-user licenses, if any, in addition to signing of the books of accounts including ledgers, cash books, purchase and sale records which may be found lying there Local commissioner may cause the prints of disks taken out, if facility in respect thereto is provided by the plaintiff. Local commissioner may seek assistance of police, if necessary, to execute the commission and break open the locks of said premises. Fee of local commissioner is tentatively fixed at Rs. 12,500/- which will be paid by the plaintiff. Report be filed within ten days.
8. Sh. Singh states that the plaintiff will make arrangement for travel to Bangalore of the local commissioners dusty .
