LAWS(DLH)-2010-1-427

PRO DATA DOCTOR PVT. LTD. B-191 RAHUL PLACE (NEAR OLD BUS STAND) LOHIYA NAGAR GHAZIABAD, Vs. UNISTAL SYSTEMS PVT. LTD. 408, SIDDHARTHA BUILDING 96, NEHRU PLACE NEW DELHI-19

Decided On January 28, 2010
Pro Data Doctor Pvt. Ltd. B -191 Rahul Place (Near Old Bus Stand) Lohiya Nagar Ghaziabad, Appellant
V/S
Unistal Systems Pvt. Ltd. 408, Siddhartha Building 96, Nehru Place New Delhi -19 Respondents

JUDGEMENT

(1.) THE Appellants are aggrieved by an order dated 3rd September, 2009 passed by a learned Single Judge in an application filed by the Respondent under Order 39 Rule 1, 2, 7 and 10 read with Section 151 of Civil Procedure Code. The Respondent had filed a suit against the Appellants for infringement of copyright, passing off, unfair competition, rendition of accounts etc. and praying for perpetual injunction, damages and other relief against the Appellants.

(2.) IN the suit the Respondent moved an application under Order 39 Rule 1, 2, 7 and 10 read with Section 151 CPC on which the impugned order was passed by the learned Single Judge.

(3.) THE learned Single Judge also directed the Appellants, in view of the Order 39 Rule 10 of the CPC to deposit the proceeds of the sale of the software which is said to be a copied version of the software of the Respondent.