JUDGMENT

TEJAS KARIA, J

CRL.M.A. 21803/2025

FACTUAL BACKGROUND:

1. The Plaintiffs have filed the present Suit for permanent injunction against infringement of copyright, trade mark, trade secret, rendition of

accounts, damages and delivery up, inter alia, to restrain the Defendants from procuring, importing, exporting, selling, refurbishing, assembling, offering for sale, advertising, marketing and / or in any manner using, directly or indirectly, pirated / tampered version of the ‘IntelliSpace Portal’ software / literary work of the Plaintiffs (“ISP”) amounting to copyright infringement and from unauthorizedly accessing the Plaintiffs’ confidential information, trade secrets etc.

2. Vide order dated 20.12.2023, this Court granted ex-parte ad-interim injunction restraining the Defendants and all others acting for and on their behalf from using, offering for sale or making available the ISP or the connected applications from being run on any hardware or electronic / medical / diagnostic devices, to any person till the next date of hearing.

3. The Plaintiffs thereafter filed an application bearing I.A. 9743/2024 under Order XI Rule 1 and 12 of the Code of Civil Procedure, 1908 (“CPC”) as amended by the Commercial Courts Act, 2015 read with Sections 30 and 151 of CPC (“I.A. 9743/2024”) seeking discovery of the Defendants’ documents and discovery by interrogatories as follows:

“a. Disclosure of the exact date or timeframe when the Defendants initiated the piracy / sale of Philips ISP software.

b. Disclosure of each individual or entity to whom the Defendants sold or distributed Philips ISP software, including transaction dates and specific applications / software details.

c. Disclosure of the geographical reach of the Defendants’ clientele, specifying whether the pirated software was sold solely within India or also to international customers. If sold internationally, the identification of specific countries or regions as well as customers to which the software was distributed.

d. Disclosure of the selling price for each transaction involving Philips ISP software or provision of a detailed price list.

e. Disclosure of the exact amount of money received and / or profit generated by the Defendants from the illegal sale of Philips ISP software, specifying the currency and timeframe.

f. Disclosure of a comprehensive description of the confidential information Mr. Karan Patel had access to during his employment with Philips.

g. Disclosure of the methods employed by the Defendants to circumvent the technological measures implemented by Philips to protect their ISP software.

h. Disclosure of all tools, devices, or software that have been used to gain unauthorized access to Philips’ equipment, including but not limited to, any fake IST certificates, key generators, or other bypass Mechanisms.

i. Disclosure of origin of each of the tools revealed in the above para, including contact details of any individuals or entities to whom the Defendants sold, traded, or otherwise provided each bypass tool, as well as the individuals or entities involved in the creation or dissemination of these tools.

j. Disclosure of names and relevant contact information, of every individual or entity involved in the unauthorized sale / distribution of pirated Philips ISP software.

k. Disclosure of the nature and extent of involvement of each individual or entity mentioned in the previous interrogatory, specifying their role in the piracy.

l. Production of the CDs recovered during the Local Commission at Defendant No. 1’s warehouse and disclosure of a complete and accurate listing of all the content, files and folders contained on the CDs. For each file identified here, disclosure of the purpose, origin, and any connection to the unauthorized sale / distribution of pirated Philips ISP software.”

4. This Court vide order dated 16.12.2024, allowed I.A. 9743/2024 and directed the Defendants to answer the interrogatories listed from ‘a.’ to ‘k.’ by way of an affidav