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A.No.2688 of 2023

in C.S.(Comm.Div.)No.71 of 2022

S.SOUNTHAR, J.

The instant application has been filed by the applicant/plaintiff

seeking a direction to the Advocate Commissioner to take the representatives

of the applicant along with him to visit the premises of the respondent.

2. The prayer in the application is extracted below;

“20. In the above-mentioned circumstances, the Applicant humbly

prays that this Hon'ble Court may be pleased to

1) Direct the Advocate Commissioner and the Expert to

a. To visit the premises of the Respondents at the

following locations along with technical expert of the

representatives of Applicant/Applicant and its counsels, break

open the locks if the premises are found locked, with the

assistance of Police authorities if necessary;

1. 14^th Floor, Damji Shamji Business Galleria,

LBS Marg, Kanjurmarg (West),

Mumbai- 400 078,

Maharashtra, India.

2. Smartworks, Kochar Globe,

Plot No Sp 26,

https://www.mhc.tn.gov.in/judis

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Thiru-vi-ka- Industrial Estate,

Guindy, Chennai 600 032.

b. To inspect the Hard Disks of the computers,

compact discs and/or other storage/replicating media, with the

help of technical expert of the Applicant/Applicant.

c. To prepare reports, summaries, inventories of

the same.

d. To make mirror copies of the Respondent's

Hard Disks of the computers, compact discs and/or other

storage/replicating media, seal them immediately in the

presence of the Respondent's representatives and produce the

same before the Court, without tampering with them in any

manner.

e. To seek from the Respondent, their employees

and agents password particulars of any computer system, if

required, in order to enable him to carry out the execution of

the commission.

f. To visit any other premises within the vicinity of

the abovementioned addresses where such computer systems

are kept which could be carrying copies of the Respondent's

software which infringe upon the Applicant's copyright in the

artistic works, literary works and passing off their products

and business as those of Application by use of the said

trademarks.(emphasis added).

https://www.mhc.tn.gov.in/judis

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g. To take the assistance of the police, within

whose jurisdiction the Respondent's premises and are to be

visited, in order to carry out the aforesaid activities.

2. Pass such other orders which this Hon'ble Court may

deem it necessary and thus render justice.”

3. Earlier, the applicant herein filed an application in A.No.1600 of

2022 with the following prayer;

“A. To visit the premises of the Respondents at the

following locations along with technical expert of the

representatives of Plaintiff and its counsels, break open the

locks if the premises are found locked, with the assistance of

Police authorities if necessary;

1. 14^th Floor, Damji Shamji Business Galleria,

LBS Marg, Kanjurmarg (West),

Mumbai- 400 078,

Maharashtra, India.

2. Smartworks, Kochar Globe,

Plot No Sp 26,

Thiru-vi-ka- Industrial Estate,

Guindy, Chennai 600 032.

https://www.mhc.tn.gov.in/judis

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b. To inspect the Hard Disks of the computers,

compact discs and/or other storage/replicating media, with the

help of technical expert of the plainitff.

c. To prepare reports, summaries, inventories of

the same.

d. To make mirror copies of the Respondent's

Hard Disks of the computers, compact discs and/or other

storage/replicating media, seal them immediately in the

presence of the Respondent's representatives and produce the

same before the Court, without tampering with them in any

manner.

e. To seek from the Respondent, their employees

and agents password particulars of any computer system, if

required, in order to enable him to carry out the execution of

the commission.

f. To visit any other premises within the vicinity of

the abovementioned addresses where such c