E Vs. M/S C

JUDGEMENT

(1.) This is an appeal against the order dated 06.01.2014 passed by the learned Single Judge of this Court in IA No. 9821/2010 under Order 39 Rule 1 & 2 CPC. The learned Single Judge has confirmed the ex-parte ad interim injunction which was granted in favour of the respondent-plaintiff on 28.07.2010 in terms of prayers (a) to (d) of the said application and the appellant was restrained from using

(2.) The learned counsel for the appellant submitted that the whole dispute is centred on the e-tendering software. According to the appellant, the e-tendering software, which is utilised by the appellant, has not been copied from the e-tendering software of the respondent No. 1. In fact, it was pointed out by the learned counsel for the appellant that there is no similarity between the software of the appellant and that of the respondent No. 1. Furthermore, the software of the appellant is on the Java platform whereas that of the respondent No. 1 is on the Microsoft's .net platform and the two are entirely distinct. This is apart from the various other dissimilarities, which have been set out at pages 132 to 139 of the paper book.

(3.) It was also pointed out by the learned counsel for the appellant that interrogatories had been served upon the respondent No. 1-plaintiff. Interrogatory numbers 6, 7 & 8 are material and they are as under:-