Madras High Court
M/S Cmcs Collaboration vs Crunchtech Solution on 6 September, 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S. No.278 of 2018
and
O.A.Nos. 424 to 427 of 2018,
A.Nos. 3785 & 3786 of 2018
1. M/s CMCs Collaboration
Management and Control
Solutions India Private Limited
2. CMCs Collaboration
Management and Control
Solutions FZ-LLC UAE.
.... Plaintiff
Vs
1.CrunchTech Solution
Private Limited.
2.Mr. Sued Hassan.
3.Mr. Arun Kumar.
4.Saleem Raza
5.Sipthain Raza
...Defendants
Prayer: Plaint under order IV Rule I of the OS Rules read with VII Rule
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1 of the Code of Civil Procedure, 1908 read with Section 61 and 62 of the
Copyrights Act, 1957, praying for the following:
a. Declaration declaring that the Plaintiffs are the owners of the copyright
in the computer database set out in Schedule A,B and C in the Plaint.
b. Permanent injunction restraining the Defendants by themselves, their
directors, partners, men, servants, agents, associates, officers,
representatives, franchisees, licensees and/or all other persons acting on
their behalf from in any manner infringing and/or enabling others to
infringe the Plaintiffs copyright in the computer database the details a
copy of which is set out in Schedule A B and C, and in each of the
documents individually, specifically by reproducing, issuing copies of,
communicating to the public, selling or public, selling or offering for sale,
adaption, or infringing by any other means whatsoever, the Plaintiffs
copyrighted work;
c. Permanent injunction restraining the Defendants by themselves, their
directors, partners, men, servants, agents, associates, officers,
representatives, franchisees, licensees and/or all other persons acting on
their behalf from in any manner utilizing and/or enabling others to utilize
the Plaintiffs confidential information set out in Schedule A, B and C to
this Plaint;
d. Mandatory injunction for rendition of accounts of profits in favour of
the Plaintiff and against the Defendants to ascertain the profits made by
the Defendants on account of infringement of the Plaintiffs copyrighted
work, and a infringement of the Plaintiffs copyrighted work and a decree
be passed against the Defendants in the sum of the amount so
ascertained; decree be passed against the Defendants in the sum of the
amount so ascertained;
e. Grant a permanent injunction restraining the Defendants their agents,
servants, contractors or anybody claiming under them from directly or
indirectly soliciting the customers of the Plaintiff as contained in Schedule
A.
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f. Grant a permanent injunction restraining Defendants 1 to 5 from taking
or continuing employment with competitors of the Plaintiff so as to take
advantage of the stolen Confidential Information of the Plaintiff including
trade secret, technology, strategic, financial know how, business secrets
including business plans, pricing details/structure, and customer lists, as
contained Schedule A B and C.
g. Grant a mandatory injunction directing the Defendants jointly and
severally to return/ submit to Plaintiff all computers, tablets, storage
media or any other devices which may have contained the Plaintiffs
Confidential Information including trade secrets technology, strategic,
financial know how, business secrets including business plans, pricing
details/structure, and customer lists including all copies of the Plaintiffs
Confidential Information including trade secrets, technology, strategic,
financial know how, business secrets including business plans, pricing
details/structure, and customer lists in whatever form it exists or is stored.
h. Grant a mandatory injunction directing the Defendants jointly and
severally to disclose to the Plaintiff where and to whom any copies of the
Plaintiffs Confidential Information including trade secrets, technology,
strategic, financial know how, business secrets including business plans,
pricing details/structure and customer lists.
i. Award damages in favour of the Plaintiff to the tune of Rs.20,00,000/-
(Rupees twenty lakhs only) along with a future interest of 18% per
annum from the date of suit till the actual payment thereof for willful
infringement of the Plaintiffs copyrighted works;
j. Direct the Defendants to jointly pay a sum of Rs.50,00,000/- (Rupees
fifty lakhs only) as restitution for unjust enrichment due to the illegal and
unlawful activities of the Defendants and for breach of trust of the 1 st
Plaintiff along with a future interest of 18% per annum from the plaint till
the actual payment thereof.
k. Award costs in favour of the Plaintiffs and against the Defendants;
DR.G.JAYACHANDRAN,J.
Vri/Dsn
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For Plaintiff : MR.Anirudh Krishnan
For Defendant's : Mr.V. Athhikesavan
for D1,3,4 & 5
For Defendant : M/S. Mcgan Law Firm
for D2
JUDGMENT
Learned counsel for the plaintiff reports that the plaintiff has
instructed to withdraw the suit. Recording the same suit dismissed as
withdrawn. No order as to costs. The connected applications are closed.
06.09.2021
Vri/Dsn
C.S.No. 278 of 2018
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