JUDGMENT :

(Prayer in O.A.No.396 of 2018 : This Application is filed under Order XIV Rule 8 Original Side Rules read with Section 55 of the Copyright Act, 1957 and order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908.

(i). This application should not be treated as urgent?

(ii). This Hon'ble Court should not pleased to pass an order of interim injunction restraining the respondent/defendant from using the infringing computer software and database, as well as from contacting the plaintiff's customers or attempting to do business with them pending disposal of the above suit?

(iii). And pass such further or other order as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.

O.A.No.398 of 2019: This application is filed under Order XIV Rule 8 of Original Side Rules read with Section 55 of the Copyright Act, 1957 and order XXXIX Rule 1 & 2 of Code of Civil Procedure, 1908.

(i). This application should not be treated the application as urgent?

(ii). This Hon'ble Court should not pleased to pass an order of interim injunction directing the respondent/defendant to return the following taken by the respondent/defendant at the time of entering the franchise agreement:

(a). updated customer contacts list originally provided by the applicant/plaintiff (names, addresses, email addresses, phone numbers) and the reports provided to each customers, and

(b). all copies of software taken at the time of signing of the franchise agreement, pending disposal of the above suit.

(iii). And pass such further or other order as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.)

1. The Suit is for permanent injunction restraining the defendants, his men and agents etc., from using the software alleged to have been conceptualised and development by her late husband Mr.K.Muralidar Rao. The said software is meant for providing database to the clients particularly shipping companies in respect of imports and exports.

2. The case of the applicant/plaintiff is that, on 04.12.1995 along with one Mr.A.Aiyasamy her husband started the Partnership firm M/s.Khambadkones. Later, Mr.A.Aiyasamy retired from the partnership and in his place the plaintiff was inducted. In the partnership firm, the defendant was employed to collect data from customers and assist in data entry. Subsequently, the defendant was appointed as Manager and on 31.07.2005, he was made a partner in the firm holding 5% shares. Later, the defendant retired from the partnership firm vide deed dated 01.10.2014. As per the reconstituted partnership deed, the plaintiff and her husband continued to be the partners.

3. The plaintiff claims that, the software was developed by her husband engaging the service of one Mr.Arvind Vyas, for collection of data and aggregation of data. The database created by her husband was first of its kind and it provides data of imports and exports related to multiple ports in India and inland destinations. The data are sourced from feeder operators and shipping lines. The data received includes: -

* Feeder Operator Name

* Port Name

* Port Terminal

* Vessel Name

* Voyage number

* Date of arrival

* Date of Berthing

* Date of Departure

* Details of containers loaded/offloaded (Import/exports, size of containers etc.)

* Shipping lines loading/offloading data may also be given.

(a). Details of container (Import/Export, Full/Empty.)

(b). Commodity

(c). Port of loading (India/overseas)

(d). Port of discharge (India/overseas)

(e). Final destination (India/overseas)

(f). Other transshipment information.

4. The plaintiff and her husband decided to leave for Australia to join their children. Therefore, to keep the business running smoothly, entered into a franchisee agreement dated 01.10.2014 with the defendant for a period of 3 years. The business was to be run as RITASS a Franchisee of Khambadkones. The entire existing establishment were taken over by the defendant in running condition. Under clause 6 of the Fra