Ti Infotech Pvt Ltd vs Sumit Narang & Ors
2015 Latest Caselaw 8310 Del

$~11.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 1203/2014
     TI INFOTECH PVT LTD                        ..... Plaintiff
                    Through: Mr. Karan Luthra, Advocate with
                    Mr. Anuj Malhotra, Advocate

                          versus

     SUMIT NARANG & ORS                         ..... Defendants
                   Through: Mr. Anil Sharma, Advocate with
                   Mr. Jai Karan Singh, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 03.11.2015

I.A. 7787/2014 (by the plaintiff u/O II Rule 2 CPC)

Allowed, subject to all just exceptions.

CS(OS) 1203/2014 and I.A. 7786/2014, 9070/2014

1. The plaintiff has instituted the present suit praying inter alia for

a decree of permanent injunction against the defendants restraining

them from using, marketing, selling, promoting, hosting the source

code of the software "Travel Cloud suite" developed by the plaintiff

company, in any form or manner.

2. Vide order dated 30.04.2014, summons were issued in the suit

and simultaneously, an ex-parte ad interim injunction order was

granted against the defendants restraining them from using,

marketing, selling, promoting, hosting and offering the source code of

the software, "Travel Cloud suite" developed by the plaintiff company

in any form or manner. The said order has been continuing to operate

in favour of the plaintiff. In the meantime, the defendant has filed the

written statement.

3. On the last date of hearing, counsel for the plaintiff had stated

that the defendants have categorically stated in their written

statement that they are not using any content of the plaintiff's

software/domain name as alleged in the plaint and in view of the said

averments, particularly paras 1 to 12 of the reply on merits, the suit

may be decreed in terms of the interim order dated 30.04.2014.

4. On the last date of hearing, counsel for the defendants had

sought time to obtain instructions from her clients. Today, counsel for

the defendants states that he has no objection to the suit being

decreed in terms of the interim order dated 30.04.2014. He clarifies

that the defendants do not intend to use, market, sell, promote or

host the source code of the software "Travel Cloud Suite" developed

by the plaintiff. He further states that an affidavit on the aforesaid

lines shall be filed within two weeks with a copy to the other side.

5. The defendants shall file their affidavits undertaking inter alia

that they shall not use, market, sell, promote, host or offer the source

code of the software, "Travel Cloud Suite" developed by the plaintiff

company, in any form or manner in the future, within two weeks with

a copy to the other side.

6. In view of the aforesaid submission, the suit is decreed in terms

of the order dated 30.04.2014 while leaving the parties to bear their

own expenses. Decree sheet be drawn accordingly.

7. The suit is disposed of alongwith the pending applications.

HIMA KOHLI, J NOVEMBER 03, 2015 rkb/sk