Mukta Gupta, J.

1. The plaintiff which is a private limited company incorporated under the Companies Act, 1956 has filed the present suit against the defendants, inter alia, praying for restraining them from infringing the plaintiff’s copyright in e-tendering solution and from marketing, publishing, producing, distributing, selling and publicly releasing or dealing with the said software in any manner whatsoever. The defendant No.1 is also a private limited company incorporated under the Companies Act and defendant No.2 is the Chief Operating Officer (in short ‘COO’) of the defendant No.1 whereas the wife of defendant No.2 is the Director of defendant No.1 company. In the year 2000 the plaintiff was appointed as the sole representative in India and countries in SAARC region for a multinational company, Commerce One which was a global leader and pioneer in the business of E-commerce solution. The promoters of Commerce One were some of the largest companies in the world, which include SAP which is the second largest software company in the world. Through its products, portals and services, Commerce One creates access to worldwide markets, allow anyone to buy from anyone, at