- 1 - 904.nms.2248.11 s.1842.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE MOTION NO. 2248 OF 2011 IN SUIT NO. 1842 OF 2011 Automation ONSPEC Software Inc. & Ors. ..Plaintiffs -Versus- Microverse Automation Pvt. Ltd. & Ors. ..Defendants .......... Mr.Aashish Agarwal a/w. Mr.Suraj Iyer i/b Ganesh & Co. for the Plaintiffs. Mr.Sanjiv Sawant i/b Mr.Prashant D. Patil for the Defendants. Mr.Girish Mehendale- Contractor of Defendant No.1 present. .......... CORAM : S.J. VAZIFDAR, J. DATE : 20 TH AUGUST 2011. P.C. 1 The Notice of Motion is disposed of by the following order with the consent of the parties : (i) The defendants shall not use the plaintiffs’ copyrighted software in respect of the industrial automation computer software in any manner whatsoever hereafter except with consent of the plaintiffs. - 2 - 904.nms.2248.11 s.1842.11 (ii) The defendants shall return all the material in their possession in any form pertaining to the plaintiffs’ said software on or before 30th September 2011. (iii) The defendants shall not advertise the plaintiffs’ products or indicate any association between the defendants’ and the said products or the defendants and the plaintiffs and shall also withdraw any such advertisement on or before 30th September 2011. (iv) The defendants shall furnish the names of the parties for whom they have installed the plaintiffs’ software. (v) The defendants shall indicate to which of these parties the unlicensed software has been supplied. 2 Mr.Agarwal, the learned counsel appearing on behalf of the plaintiffs make a statement that if the defendants identify the client for whom unlicensed copies of the software was installed, the plaintiffs will install licensed copies thereof upon being paid for the same at the M.R.P. for that particular version to be installed or at such price as may be agreed upon between the parties. It is clarified that such installation shall be done only by or with the authority of the plaintiffs and such installation shall not be done by the defendants unless expressly authorized by the plaintiffs. For this purpose, - 3 - 904.nms.2248.11 s.1842.11 the plaintiffs will not be bound to furnish the software to the defendants. 3 Defendant no.2, the contractor of defendant no.1, who instructed the defendant’s advocate, has been present in Court throughout. 4 Leave to amend the address of the defendants in the title. Amendment to be carried out forthwith. The Notice of Motion is disposed of accordingly. -