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* IN THEHIGH COURTOF DELHIAT NEW DELHI

+ CS(COMM) 747/2022& I.A. 17492/2022 I.A. 24519/2023

BUSY INFOTECH PVT LTD .....Plaintiff

Through: Ms. Deepika Pokharia, Advocate

versus

XPERT TRICKS SOFTWARES & ORS. .....Defendants

Through: None

CORAM:

HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 22.12.2025

1. The present suit has been filed by the Plaintiff seeking permanent

injunction restraining the Defendants and other unidentifiable

individuals/entities who are engaged in selling, offering and advertising

unlicensed/crack versions of the Plaintiff’s ‘BUSY’ Software, resulting in

violation of the Plaintiff’s copyright in the ‘literary work’ as well as the

registered trademark ‘BUSY’.

2. The facts, as stated in the plaint, which are relevant for the purpose of

passing a decree in this suit, can be summarised as under: -

2.1. The Plaintiff is an on-premise ERP [‘Enterprise Resource Planning’]

and Accounting Software company dealing in software development and

marketing. It is stated that the Plaintiff was amongst the first software

companies to provide a VAT-Compliant software and similarly in 2017, it

was the amongst the first to launch a GST-ready business accounting software

in India.

CS(COMM) 747/2022 Page 1 of 11

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 06/02/2026 at 08:35:45

2.2. It is stated that ‘BUSY’, which is an integrated GST Ready Business

Accounting and Management Software for Micro, Small & Medium

Enterprises [‘MSME’] is the flagship product of the Plaintiff with over

300,000 licenses sold in over 20 countries.

2.3. The Plaintiff is the owner of the copyright in the software ‘BUSY’

[‘Plaintiff’s work’] developed and marketed by it. It is stated that ‘BUSY’

software falls within the definition of ‘computer programmes’ contained in

Section 2(ffc) of the Copyright Act, 1957 [‘Act of 1957’] and constitutes

‘literary work’, as defined under Section 2(o) of the Act of 1957.

2.4. It is stated that the Plaintiff, being the owner of copyright in the

aforesaid ‘literary work’[computer programs] within the meaning of Section

17 ofthe Act of 1957, is entitled to all the exclusive rights flowing from such

ownership as set out in Section 14 of the Act of 1957.

2.5. The Plaintiff coined and adopted the mark ‘BUSY’ in and around the

year 1997 for use in connection with its software programmes. Over the years,

the Plaintiff has also adopted and used several variants/formative marks for

the versions/editions of software offered by it. The details of the Plaintiff’s

trademark applications and registrations qua ‘BUSY’ mark are mentioned in

paragraph no. ‘15’ of the plaint.

2.6. The Plaintiff also owns and operates dedicated website

http://www.busywin.com/detailing the range and features of its ‘BUSY’

software. In addition, thereto, the Plaintiff also owns the website

https://busy.in/. It is stated that the said software is also listed on IndiaMart

platform and offered for sale on e-commerce websites such as Amazon,

Flipkart.

CS(COMM) 747/2022 Page 2 of 11

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 06/02/2026 at 08:35:45

2.7. The Plaintiff has significant social media presence, the details of which

are provided at paragraph no. ‘19’ of the plaint. The details of the annual

turnover for the year 2017 to 2022 is mentioned at paragraph ‘20’ of the

plaint.

2.8. It is stated owing to the highly sought-after nature of the Plaintiff’s

‘BUSY’ software, the Plaintiff is facing constant threat of software piracy

coupled with trademark infringement at the hands of unauthorized third

parties violating Plaintiff’s copyright and BUSY trademarks for deriving

illicit commercial gains.

2.9. It is stated that all licensed versions of the Plaintiff’s software ‘