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2015 Supreme(Del) 4081

VALMIKI J.MEHTA
Foundry Visionmongers Ltd. – Appellant
Versus
Satyanarayana Reddy S – Respondent


For the Plaintiff :Mr. Sudhir Chandra, Sr.Adv. with Mr. Pravin Anand, Mr. Shantanu Saham, Ms. Kruttika Vijay and Mr. Aashish Somasi, Advocates.

JUDGMENT :

Valmiki J. Mehta, J.

1. This is a suit filed by the plaintiff company/M/s. Foundary Visionmongers Ltd. By the suit, the plaintiff seeks reliefs of permanent injunction etc. with respect to the cause of action averred by the plaintiff in the plaint pertaining to infringement by the defendants of the Copyright of the plaintiff in plaintiff’s various software programs with the principal program being ‘NUKE’. The software programs of the plaintiff are used with respect to picture film, animation, commercials, and broadcast post-production. As per the suit plaint, the defendants are violating the Copyright of the plaintiff by using the software programs without obtaining the requisite licence from the plaintiff.

2. There are two defendants in the suit and addresses of both the defendants are of Hyderabad. Defendant No. 1 is an individual and defendant No. 1 is said to be carrying on its business in the name of the defendant No. 2. Plaintiff has filed the suit claiming existence of territorial jurisdiction of the courts at Delhi in terms of averments of paras 1 and 6 of the plaint that plaintiff is carrying on business in Delhi because plaintiff has its exclusive reseller (i.e.



















































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