SAP AG Vs. SOMAYA KANTI DUTTA

JUDGEMENT

(1.) THIS is a suit filed for, inter alia, a decree of permanent injunction, infringement of copyright, delivery up and rendition of accounts , and to restrain the defendants from illegally using the software products of the plaintiffs. Summons of the suit were issued and duly served upon the defendants. Nobody appeared on behalf of the defendants and on 17. 09. 2007, the defendants were directed to be proceeded against ex parte. The plaintiff was directed to lead its ex parte evidence by way of filing evidence affidavit (s ).

(2.) THE plaintiff has filed the affidavit of Mr Ravi Lal Thapa (PW1), by way of evidence. The said Mr. Ravi Lal Thapa is the constituted Attorney of the plaintiff company. The documents have also been exhibited as PW-1/1 to PW-1/8.

(3.) AS stated in the plaint the plaintiff No. 1 is a company incorporated in Germany and is involved in developing enterprise scale solutions. The plaintiff No. 2 is the Indian subsidiary of the plaintiff No. 1. The defendant no. 2 is alleged to be engaged in the business of providing Enterprise Resource planning and ecrm services to various clients including providing training in erp software. It is also alleged that the defendant No. 2 is running a BPO service and managing its business from fourth floor, Garia Ghat Shopping complex, 153, Rashbehari Evenue, Kolkatta. The defendant No. 1 is the Managing director of the defendant No. 2.