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2004 Supreme(AP) 193

V.V.S.RAO
Ascend Technologies Limited – Appellant
Versus
Principal Secretary, Home, Government Of A. P. , hyderabad – Respondent


V. V. S. RAO, J.

( 1 ) CASE of Petitioner the Petitioner is a company registered under the Companies Act having its registered office at Hyderabad. It deals with software products known as Student performance Evaluation and Counselling software (SPECS ). The programme is said to be popular and being used more than three hundred Schools. The Petitioner came in contact with Dr. S. Sujendra Prakash of Bangalore who partly developed the software known as OBTYS for imparting memory training to school children. As he could not market, he gave the software to petitioner with a "source code". Petitioner developed on visual basic platform, OBTYS is executable programme with voice and video interaction and as per market survey, it has market of Rs. 125 crores globally. Petitioner approached M/s Madhusudhan reddy and Mr. Dhruv Chowdary of m/s Burgandy Tradings, New Delhi to be international dealers. They were given the source code to develop a system of different voice and video interaction. An agreement was entered into to the same effect, but M/s Burgandy represented by its Chief Executive Officer and another cancelled the agreement and misappropriated the source code to have wrongful gain.






























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