Madras High Court M/S.Sundaram B.N.P.Paribas Home ... vs State Of Tamil Nadu on 26 August, 2011 DATED:26.08.2011 THE HON'BLE MR.JUSTICE P.JYOTHIMANI W.P.Nos.2513, 2514 and 2922 of 2011 1.M/s.Sundaram B.N.P.Paribas Home Finance Ltd., Rep by its Managing Director 2.Srinivas Acharya, Managing Director, M/s.Sundaram B.N.P.Paribas Home Finance Ltd., 3.G.Sundararajan, Vice President & Head Finance, M/s.Sundaram B.N.P.Paribas Home Finance Ltd., 4.Ms.V.Janaki, DGMInformation Systems, M/s.Sundaram B.N.P.Paribas Home Finance Ltd., all having office at Sundaram Towers, 40, Whites Road, Chennai  600 014. ..Petitioners in all W.Ps. vs. 1.State of Tamil Nadu, Rep by the Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai  600 009. 2.State of Maharashtra, Rep by the Secretary to Government, Secretariat, Mumbai. 3.The Senior Inspector of Police, Cyber Police Station, Crime Branch, CID, Mumbai 1st Floor, BKC Police Station Building, B.K.C., Bandra (East), Mumbai  400 051. 4.Subhash Jadhav, Inspector of Police/ Investigating Officer, Crime Branch, C.I.D, Mumbai, 1st Floor, BKC Police Station Building, B.K.C., Bandra (East), Mumbai  400 051. 5.Major V.P.Singh, Director, M/s.Kensoft Infotech Limited, "D" Wing, 41478, Oberoi Garden Estate, Chandivali Farm Road, Andheri East, Mumbai  400 072. ..Respondents in W.Ps. Prayer in W.P.(MD)Nos.2513 & 2514/2011: Writ Petitions filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, calling for the records of the third respondent comprised in his order bearing O.W.No.513/CYPS/ SBJ/2011, dated 24.01.2011 and quash the same as unconstitutional. Prayer in W.P.(MD)No.2922/2011: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records of the third respondent comprised in the FIR bearing CR.No.30/2010 filed by the fifth respondent and quash the same as unconstitutional and consequently issue a Mandamus forbearing the fifth respondent from in any manner interfering with the business of the petitioners. For Petitioner : Mr.A.L.Somayajee (In all W.Ps) Senior Counsel. for Mr.T.K.Bhaskar For 1st Respondent : Mr.V.Jayaprakash Narayanan (In all W.Ps) Additional Government Pleader. For Respondents 3&4 : Mr.J.Rajakalifullah (In all W.Ps) Additional Government Pleader. For 5th Respondent : Ms.Geetha Ramaseshan (In all W.Ps) COMMON ORDER While in W.P.Nos.2513 and 2514 of 2011, the petitioners have challenged the order passed by the third respondent, the Senior Inspector of Police, Cyber Police Station, Crime Branch, CID, Mumbai, dated 24.01.2011, by which the third respondent has directed on the basis of the complaint given by the fifth respondent as a Director of M/s.Kensoft Infotech Limited, Mumbai, to submit material evidence for investigation purpose and also to produce various documents listed therein containing electronic record/documents for the purpose of investigation respectively, W.P.No.2922 of 2011 is filed to quash the First Information Report registered in Crime No.30/2010 in the third respondent police station based on a complaint given by the fifth respondent against the petitioners. 2.The first petitioner is a Joint Venture of M/s.Sundaram Finance Limited and M/s.B.N.P.Paribas Home Finance Limited registered with a National Housing Bank as a Housing Finance Company and it is a multicrore conglomerate having branches through out the country and the second petitioner is a Managing Director of the first petitioner company and the third and fourth petitioners are Vice President and Head Systems, DGM respectively of the first petitioner company. 3.It is the case of the petitioners that M/s.Kensoft Infotech Limited (hereinafter referred to as "KENSOFT") has developed application software for the first petitioner company and was providing annual maintenance support to the said software. During the renewal of annual maintenance contract, the said KENSOFT without the knowledge of the first petitioner company has introduced that the software is licensed to the first petitioner company. On objection from the first petitioner, the said clause was removed in the annual maintenance contract. Therefore, the relationship of the KENSOFT and the first petitioner was in respect of the development of software on work on hire basis. Due to frequent disruption of this software, the first petitioner company has decided to migrate to a more efficient integrated application software developed by Sundaram Infotech Solutions. The KENSOFT has filed C.S.No.270/2009 before this Court seeking an order of injunction on the basis that KENSOFT is the owner of the software namely, KENH