AUTODESK INC Vs. A V T SHANKARDASS

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants aggrieved by the order dated 5th March, 2008 passed by the learned Single Judge, dismissing ia No. 2852/2008 praying for appointment of a Local Commissioner ex parte.

(2.) THE appellants are the owners of copyright in world famous software 3ds Max and Autodesk Maya. Appellants finding infringement and unauthorized use of their software, filed a suit against the respondents for permanent injunction to restrain infringement of copyright, delivery up, rendition of account of profits and damages etc for unlicensed usage of their software. The suit was accompanied with an application for interim injunction and application for ex parte appointment of Local Commissioner being I. A No. 2852/2008. Summons in the suit were issued and notice in the IA under Order 39 rule 1 and 2 CPC was issued. However, the application for appointment of a local Commissioner was dismissed by the impugned order against which the present appeal has been filed. While issuing notice in the appeal, we also appointed ex parte Local Commissioner to visit the premises of the respondents to make out an inventory of the unlicensed software belonging to appellant no. 1 found to be in use by respondent. Local Commissioner was also permitted to take into custody the Central Processing Units (CPUs), Floppy Discs/dvds and take the assistance of representatives of the appellants and their technical expert. Reasons for appointing Local Commissioner ex parte, pending notice in the appeal are duly recorded in our order dated 10th March, 2008.

(3.) REPORT of the Local Commissioner has since been received. He found incriminating evidence of unlicensed software being used and took possession of the same. There have been negotiations thereafter between the appellants and respondents. We were finally informed on 26th May, 2008 of proposed settlement filed before the learned Single Judge, copy of which has also been tendered before us.