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HIGH COURT OF DELHI
CS(COMM) 317/2017 & I.A. 5366/2017
SIEMENS PRODUCT LIFECYCLE MANAGEMENT SOFTWARE INC. & ANR ..... Plaintiffs
Through: Mr. Shantanu Sahay, Advocate with Mr. Ravin Galgotia, Advocate.
Through: None.
Date of Decision: 22nd December, 2017
JUDGMENT
1. Though the defendants initially entered appearance, yet after 7th November, 2017, they stopped appearing and did not file any written statement. Accordingly, they were proceeded ex parte vide order dated 21st December, 2017.
2. Learned counsel for the plaintiffs states that in view of the judgment of this Court in Satya Infrastructure Ltd. & Ors. Vs. Satya Infra & Estates Pvt. Ltd., 2013 SCC OnLine Del 508, the present suit should be decreed qua the relief of injunction. The relevant portion of the said judgment relied upon by learned counsel for the plaintiffs is reproduced hereinbelow:- 2017:DHC:8000 “I am of the opinion that no purpose will be served in such cases by directing the plaintiffs to lead ex parte evidence in the form of affidavit by way of examination-in-chief and which invariably is a repetition of the contents of the plaint. The plaint otherwise, as per the amended CPC, besides being verified, is also supported by affidavits of the plaintiffs. I fail to fathom any reason for according any additional sanctity to the affidavit by way of examination-in-chief than to the affidavit in support of the plaint or to any exhibit marks being put on the documents which have been filed by the plaintiffs and are already on record. I have therefore heard the counsel for the plaintiffs on merits qua the relief of injunction.”
3. Learned counsel for the plaintiffs further states that he has instructions not to press for any relief other than the relief of permanent injunction, as prayed for in prayer clause (a) of the plaint.
4. The relevant facts of the present case as pointed out by learned counsel for the plaintiffs are as under:-
Managing Director of defendant No.2. The Defendant No.2 operates a website www.bluestampings.com and a download obtained by the plaintiffs from the said website of defendant no.2 shows that the latter uses the software programme NX (formerly known as “Unigraphics”), developed and marketed by the plaintiffs, to carry out its business activities.
5. In view of the averments made in the plaint, which remain uncontroverted, the suit is decreed in favour of the plaintiffs and against defendant in terms of prayer clause (a) of the plaint. Registry is directed to prepare a decree sheet accordingly. MANMOHAN, J DECEMBER 22, 2017 dk