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2024 Supreme(Online)(DEL) 852
CS(COMM) 747/2022
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+
CS(COMM) 747/2022
BUSY INFOTECH PVT LTD
..... Plaintiff
Through:
Mr.
Nitin
Sharma,
Ms.
Deepika
Pokharia and Mr. Naman Tandon,
Advocates.
versus
XPERT TRICKS SOFTWARES & ORS.
..... Defendants
Through:
Mr.
Tushar
Pahwa,
Mr.
Gaurav
Pahwa
and
Ms.
Divya
Charaya,
Advocates for D-37.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
DEEPIKA POKHARIA
%
04.01.2024
I.A. 24521/2023(under Section 151 of CPC seeking exemption from advance
service to Defendants)
1.
Counsel for Plaintiff draws attention to the fact that advance service
on the Defendants was exempted when they were originally impleaded in
the present suit. Further, considering the fact that Plaintiff is seeking an ex-
parte ad interim injunction against Proposed Defendant Nos. 44-461, request
for exemption from advance service to the aforesaid Proposed Defendants is
allowed.
2.
Disposed of.
I.A. 24520/2023(under Section 151 of CPC seeking directions to Cyber
1 Serial Nos. 49-51 of the Amended Memo of Parties dated 15th December, 2023
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 06/01/2024 at 19:53:54
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Cell, Economic Wing, Delhi)
3.
Counsel for Plaintiff, after making submissions, seeks to withdraw the
present application, with liberty to take recourse to other remedies as are
available under law.
4.
Dismissed as withdrawn, with liberty as aforesaid.
I.A. 24265/2023(under Order I Rule 10 r/w Section 151 of CPC on behalf of
Plaintiff)
5.
Through the present application, Plaintiff seeks to implead Proposed
Defendant Nos. 44 to 46.
6.
The case of Plaintiff is that Proposed Defendant No. 44– Yogesh Dua,
trading as Expert Computer Systems, is also offering and soliciting sale of
unlicensed and pirated ‘BUSY’ software. The said Defendant additionally
operates a website2 offering sale of such software. Plaintiff learnt about the
infringing activities of the Proposed Defendant No. 44 through the inquiries
conducted by the Local Commissioner, pursuant to order dated 13th March,
2023. Likewise, proposed Defendant Nos. 45 (Daya Shankar) and 46 (Nitin
Tiwari) also indulge in offering and soliciting sale of unlicensed and pirated
versions of ‘BUSY’ software. The details of their infringing activities are set
out in the application.
7.
Considering the nature of averments made in the application, the same
is allowed. Proposed Defendant Nos. 44 to 46 are added to array of parties.
8.
Disposed of.
I.A. 24519/2023(u/O XXXIX Rules 1 and 2 r/w Section 151 of CPC)
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 06/01/2024 at 19:53:54
Page 3 of 8
9.
This Court has already passed an order dated 28th October, 2022
granting an ex-parte ad-interim injunction restraining original Defendants
from dealing with Plaintiff’s ‘BUSY’ software and its versions and editions.
Considering the fact that Plaintiff has now learnt about unlawful activities of
newly impleaded Defendants, it is prayed that ex-parte injunction order
should also apply to them.
10.
Plaintiff, in the present application, has alleged the following against
the Defendants listed below:
Defendant No. 21
Offline IT Agency: operates an infringing website
<https://busysoftwareshop.com/>, unauthorised use of
registered trademarks of Plaintiff.
Infringing Link: <https://busysoftwareshop.com/>
DNR: GoDaddy.com, LLC
Defendant No. 22
Sagar Khatik: an individual engaged in the sale of
unlicensed/crack/pirated versions of Plaintiff’s BUSY
software.
Defendant No. 23
C Tech Solutions: an entity offering and soliciting sale
of unlicensed and pirated BUSY software.
Defendant No. 24
Kakao Corp, is the registrant of the domain name
<https://www.tistory.com/> and through its webpage
<https://downloadgp.tistory.com/6>,
it
offers
free
download of the crack/unlicensed versions of the
Plaintiff’s BUSY software.
Infringing Link: <https://downloadgp.tistory.com/6>
2 <https://www.expertcomputersystem.weebly.com/>
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 06/01/2024 at 19:53:54
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DNR: Megazone Corp. (Defendant No
