CS(OS)No. 1144/2011

Page 1 of 13

THE HIGH COURT OF DELHI AT NEW DELHI

%

Judgment Reserved on:

01.09.2011

Judgment Pronounced on: 05.09.2011

+ CS(OS) No. 1144/2011

Shashank Shekhar Mishra

..... Plaintiff

Through: Mr. Pavan Duggal, Advocate

versus

Ajay Gupta

..... Defendant

Through: None

CORAM:-

HON’BLE MR JUSTICE V.K. JAIN

1.Whether Reporters of local papers may

be allowed to see the judgment?

Yes

2.To be referred to the Reporter or not?

Yes

3.Whether the judgment should be reported

Yes

in Digest?

V.K. JAIN, J

1.

This is a suit for permanent injunction, rendition

of accounts, delivery up of the infringing material and

damages. The plaintiff, who is studying in Sri Ram Murti

Smarak Institute of Technology, Barielly, claims to be a tech

savvy professional with vast experience in the field of web

technologies including PHP, HTML, CSS, Java Script, J-

2011:DHC:4528

CS(OS)No. 1144/2011

Page 2 of 13

Query, Wordpress, Photoshop etc. According to plaintiff, he

is the author of “Quizpro Wordpress Plugin”, using which

the Wordpress users can easily use quiz on their Wordpress

Blogs or Wordpress driven websites. It is alleged that on 9^th

November, 2010, the plaintiff purchased a laptop for a

consideration of Rs.34,100/- and used it extensively for the

purpose of web designing as well as doing and processing

various technology related activities on the internet. He was

also storing various user IDs, passwords and other data in

the laptop. Confidential financial information of the plaintiff

including details of his mother’s bank account as well as

credit card information belonging to his cousin brother was

stored in the laptop. He was also using the laptop for

creating, storing and retaining the original web designing

templates, designs and styles.

The plaintiff claims to be the author of his original

web designing templates, designs and styles, software,

computer programme, software source code etc., the same

being original “literary works” within the meaning of Section

2(o) of Copyright Act, 1957. The source code according to

the plaintiff constitutes confidential data and information

2011:DHC:4528

CS(OS)No. 1144/2011

Page 3 of 13

which is kept under security so as to ensure its

confidentiality. He claims to have contributed immensely

through his skill, labour and knowledge, in developing and

producing

the

aforesaid

templates,

designs,

styles,

softwares, source codes etc.

2.

The plaintiff claims to have been very active on e-

commerce website www.algulfnet.biz and also claims to

have got various accounts therein. www.algulfnet.biz is a

service driven website which offers netizens the opportunity

to participate in surveys and earn online and also purchase

subscription for Surveys Online Today E-Zine along with

Panelist Training. The aforesaid website provides service in

many forms and for a variety of purposes. The website

works on the superstructure of ePins, wherein one pin is

equivalent to Rs.3600/- of actual commercial value. The

website allows the user, who has generated a minimum

specified number of points, to monetize those points and

redeem them for actual money, one point being equivalent

to Rs.50/-. According to the plaintiff, he had accumulated

thousands of points in his various accounts by participating

in various surveys conducted by www.algulfnet.biz and had

2011:DHC:4528

CS(OS)No. 1144/2011

Page 4 of 13

generated 212 ePins which are being displayed in his two

accounts. Thus, these e-pins are virtual data and

information in the electronic form, which are capable of

being translated into physical money. The value of these

212 e-Pins is alleged to be Rs.763200/-.

3.

The case of the