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2025 Supreme(Online)(Del) 9286
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J
Dassault Systemes Solidworks Corp – Appellant
Versus
Neeraj Sharma – Respondent
CS(COMM) 1175/2025
For the Appellants/Petitioners: Shantanu Sahay, Aasish, Manvi Panwar
For the Respondents: None
The unauthorized use of proprietary software constitutes a clear violation of intellectual property rights, entitling the plaintiff to an ex-parte ad-interim injunction and the appointment of a Local Commissioner to preserve evidence of copyright infringement.
Headnote:(A) Copyright Act, 1957 - Section 13 - Intellectual Property Rights - Unauthorized software usage - Interim injunction - Unauthorized use of licensed software constitutes copyright infringement - Establishing a prima facie case through investigation reports warrants ex-parte ad-interim relief - Appointment of Local Commissioner for search and seizure is necessary to preserve evidence of software piracy. (Paras 31, 32, 38, 39)
Facts of the case:
The plaintiffs, owners of CAD/CAM/CAE software, discovered that the defendants were using pirated and unauthorized versions of their software on multiple systems. Despite legal notices and attempts to resolve the dispute, the defendants continued their unauthorized usage. The plaintiffs filed a suit seeking a permanent injunction, rendition of accounts, and a local commission to seal infringing material.
Findings of Court:
The court observed a prima facie case of copyright infringement based on substantial evidence of persistent unauthorized use. An ex-parte ad-interim injunction was granted to restrain the defendants from using the unlicensed software, and a Local Commissioner was appointed to execute a search and seizure operation at the defendants' premises.
Issues: The main issues were whether the defendants were using unlicensed software in violation of the plaintiffs' copyright and whether the appointment of a Local Commissioner was warranted to prevent further infringement and evidence destruction.
Ratio Decidendi: The persistent and unauthorized use of copyrighted software without a license constitutes a clear infringement of the owner's legal rights. To prevent irreparable harm and ensure the preservation of evidence, the court is justified in granting an ex-parte injunction and appointing a Local Commissioner for inspection.
Result: Application for injunction and appointment of Local Commissioner allowed.
| Table of Content |
|---|
| 1. procedural exemptions granted by the court for filing and mediation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 2. registration of the suit and issuance of summons to defendants. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 3. grant of ex-parte ad-interim injunction against software piracy. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 4. mandate and appointment of local commissioner for evidence collection. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
O R D E R
I.A. 27285/2025 (for exemption)
1. This is an application under Section 151 of the Code of Civil Procedure, 1908 [‘CPC’], seeking exemption from filing legible/typed copies of dim/illegible copies of documents.
2. Subject to the plaintiff filing the legible/typed copies of dim/illegible copies of documents sought to be relied upon within four (4) weeks from today, exemption is granted for the present.
3. Accordingly, the application stands disposed of.
I.A. 27284/2025 (seeking exemption from pre-institution mediation)
4. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC, filed by the plaintiff seeking exemption from instituting pre-litigation mediation.
5. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1(2024) 5 SCC 815, exemption from the requirement of pre-institution mediation is granted to the plaintiff.
6. Accordingly, the application stands disposed of.
I.A. 27283/2025 (seeking exemption from service to the defendants)
7. This is an application filed under Section 151 of the CPC on behalf of the plaintiff seeking exemption from service to the defendants.
8. In view of the fact that the plaintiff has sought an ex-parte ad-interim injunction along with the appointment of a Local Commissioner, the exemption from effecting advance service upon the defendants is granted.
9. Accordingly, the application stands disposed of.
I.A. 27282/2025 (for seeking permission to file audio recording in pendrive)
10. This is an application under Section 151 of CPC filed by the Plaintiffs seeking permission to take the pen-drive on record containing video recording on the machine of the Plaintiffs showing the patented process.
11. The Plaintiff are directed to file the CD/pen-drive in accordance with the Rule 24 of the Delhi High Court (Original Side) Rules, 2018.
12. Registry may receive an electronic record on CD so long as it is encrypted with a hash value or in any other non-editable format. The video recording contained in the CD be placed in the electronic record of the present suit in a format that is non-editable, so that the same can be viewed by the court during the hearing.
13. With the aforesaid directions, this application stands disposed of.
I.A. 27281/2025 (seeking leave to file additional documents)
14. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (‘CPC’) [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)] read with Section 151 CPC, within thirty (30) days.
15. The Plaintiff, if it wishes to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 (‘DHC Rules’).
16. For the reasons stated in the application, the same is allowed.
17. Accordingly, the application is disposed of.
CS(COMM) 1175/2025
18. The underlying suit has been filed by the Plaintiffs seeking permanent injunction restraining infringement of copyright, passing of, rendition of accounts of profit, damages, and other ancillary reliefs.
19. Let the plaint be registered as a suit.
20. Summons be issued to the defendants by all perm
