DASSAULT SYSTEMS S.A. Vs. SPHINX WORLDBIZ LIM

JUDGEMENT

(1.) BY this order, I shall dispose of three applications bearing I.A. No. 15132/2008 filed by the plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code?) and I.A. No. 6823/2009 and I.A. No. 6824/2009 filed by the defendant under Order XXXIX Rule 4 and Order IX Rule 2 of the Code for vacation of the ex parte ad interim order and for dismissal of the suit due to non -filing the process fee and registered A/D covers as per the directions of the court respectively.

(2.) THE brief facts of the case are that the plaintiffs filed the present suit for permanent injunction to restrain copyright and trademark infringement, delivery up and rendition of accounts etc., inter alia, praying that a decree for permanent injunction be passed against the defendant, its principal officers, directors, agents, franchisees, servants and all others acting for and on its behalf from directly or indirectly cracking, copying, reproducing, storing, installing and/or using pirated CATIA software program of plaintiffs and its various versions without licence and/or providing educational, certification courses and/or engineering services in relation thereof, thereby amounting to infringement of copyright in plaintiff No. 1's computer programmes/software titles.

(3.) IN another application filed under Order XXVI Rule 9 of the Code being I.A. No. 15133/2008, the court appointed a local commissioner to seize and seal the computers, CPUs, compact discs and other storage media, which were found to contain unlicensed/pirated versions of the plaintiff's softwares and release the same on Superdari to the defendant with a direction to produce the same before this Court as and when directed.