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2007 Supreme(Del) 32

REVA KHETRAPAL
KENSOFT INFOTECH LTD. – Appellant
Versus
R. S. KRISHNASWAMI – Respondent


Advocates appeared:
For the Plaintiff:Mr. V.P. Singh, Sr. Advocate with Mr. Pravin Anand and Mr. Ameet Datta, Advocates.
For the Defendant Nos. 1 & 2 :Mr. Rajiv Talwar and Mr. Deepak Kumar, Advocates.
For the Defendant No.3:Mr. Vijay Hansaria, Sr. Advocate with Mr. Sanjay Sarin, Mr. Prabhakaran Lalli and Ms. Priyanka Kakkar, Advocates.

JUDGMENT

Reva Khetrapal, I.-The present suit is filed by the plaintiff for permanent injunction, restraining infringement of copyright, breach of confidence, damages and rendition of accounts of profits.

2. The plaintiff is a software company engaged in the business of developing application software having its registered office at Mumbai.

The plaintiff alleges that the defendants have infringed the flagship product of the plaintiff "KEN-HFS" (hereinafter referred to as "Kensoft system") which is a housing finance software for use by companies engaged in the said business. The said niche Kensoft System was originally developed by the plaintiff in the year 1994 and was initially installed with the Bank of India in the year 1994 itself. Subsequently, in the year 1996, it was installed at the premises of defendant No.3. Allegedly, the plaintiffs software has many unique features and the plaintiff being the first owner of the copy right in the aforesaid literary work within the meaning of Section 17 of the Copyright Act, 1957 is entitled to the exclusive rights flowing from such ownership.

3. The defendant No.1 is a Director of the defendant No.2, i.e., office at Phoenix Softnet Technologi














































































































































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