JUDGMENT

V.K. Jain, J This is a suit for permanent injunction, rendition of accounts, delivery up of the infringing material and damages. The plaintiff, who is studying in Sri Ram Murti Smarak Institute of Technology, Barielly, claims to be a tech savvy professional with vast experience in the field of web technologies including PHP, HTML, CSS, Java Script, J-Query, Wordpress, Photoshop etc. According to plaintiff, he is the author of "Quizpro Wordpress Plugin", using which the Wordpress users can easily use quiz on their Wordpress Blogs or Wordpress driven websites. It is alleged that on 9th November, 2010, the plaintiff purchased a laptop for a consideration of Rs.34,100/- and used it extensively for the purpose of web designing as well as doing and processing various technology related activities on the internet. He was also storing various user IDs, passwords and other data in the laptop. Confidential financial information of the plaintiff including details of his mother's bank account as well as credit card information belonging to his cousin brother was stored in the laptop. He was also using the laptop for creating, storing and retaining the original web designing templates, designs and styles.

The plaintiff claims to be the author of his original web designing templates, designs and styles, software, computer programme, software source code etc., the same being original "literary works" within the meaning of Section 2(o) of Copyright Act, 1957. The source code according to the plaintiff constitutes confidential data and information which is kept under security so as to ensure its confidentiality. He claims to have contributed immensely through his skill, labour and knowledge, in developing and producing the aforesaid templates, designs, styles, softwares, source codes etc.

2. The plaintiff claims to have been very active on e-commerce website www.algulfnet.biz and also claims to have got various accounts therein. www.algulfnet.biz is a service driven website which offers netizens the opportunity to participate in surveys and earn online and also purchase subscription for Surveys Online Today E-Zine along with Panelist Training. The aforesaid website provides service in many forms and for a variety of purposes. The website works on the superstructure of ePins, wherein one pin is equivalent to Rs.3600/- of actual commercial value. The website allows the user, who has generated a minimum specified number of points, to monetize those points and redeem them for actual money, one point being equivalent to Rs.50/-. According to the plaintiff, he had accumulated thousands of points in his various accounts by participating in various surveys conducted by www.algulfnet.biz and had generated 212 ePins which are being displayed in his two accounts. Thus, these e-pins are virtual data and information in the electronic form, which are capable of being translated into physical money. The value of these 212 e-Pins is alleged to be Rs.763200/-.

3. The case of the plaintiff is that on 25th April, 2011, the defendant who was known to him, he being a user of the website www.algulfnet.biz, barged into his room along with 2 anti social elements and snatched away his laptop which contained confidential data and information including sensitive personal data, personally identifiable information, banking and credit card details as well as his 212 ePins. He also threatened to make public all photographs, messages etc. so as to tarnish the reputation of the plaintiff. It is alleged that the laptop, snatched by the defendant contained plaintiffs templates and designs, wordpress themes designed in PHP technology, credit card information of his cousin brother, his photographs with friends and colleagues, a text and excel file of 212 ePins, 2usernames and passwords of 52 extra algulf accounts, usernames and passwords of the email accounts and other websites, usernames and passwords of the server and the plaintiff's 11 websites hosted by the plai