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YENNES Infotech (P) Ltd., Rep. by its Director, Sales and Strategy S. Saiseshan v/s The Managing Director, eNoah Solution Pvt. Ltd., Elnet Software City, Chennai & Another


Company & Directors' Information:- CITY CORPORATION LIMITED [Active] CIN = U45202PN2003PLC018435

Company & Directors' Information:- L C C INFOTECH LIMITED [Active] CIN = L72200WB1985PLC073196

Company & Directors' Information:- R S SOFTWARE (INDIA) LTD. [Active] CIN = L72200WB1987PLC043375

Company & Directors' Information:- SALES INDIA PRIVATE LIMITED [Active] CIN = U29191GJ1985PTC007880

Company & Directors' Information:- R A S INFOTECH LIMITED [Active] CIN = U72200TG1998PLC030341

Company & Directors' Information:- C K SOFTWARE PRIVATE LIMITED [Active] CIN = U72501DL2000PTC106184

Company & Directors' Information:- R K B SALES PVT LTD [Active] CIN = U45202PB2006PTC029932

Company & Directors' Information:- Z M INFOTECH LIMITED [Amalgamated] CIN = U72200TN2000PLC044239

Company & Directors' Information:- SOFTWARE A G INDIA SALES PRIVATE LIMITED [Active] CIN = U14220KA2008FTC074717

Company & Directors' Information:- P R SALES CORPORATION PRIVATE LIMITED [Active] CIN = U52399PN2011PTC141408

Company & Directors' Information:- T I INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC139651

Company & Directors' Information:- SOLUTION INFOTECH (INDIA) PRIVATE LIMITED [Active] CIN = U72200DL2000PTC108950

Company & Directors' Information:- P K SALES COMPANY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC219681

Company & Directors' Information:- K K SOFTWARE PRIVATE LIMITED [Active] CIN = U72900DL2009PTC193030

Company & Directors' Information:- H M S INFOTECH PRIVATE LIMITED [Amalgamated] CIN = U72300TN2008PTC117028

Company & Directors' Information:- H M S INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2008PTC175395

Company & Directors' Information:- K U INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133807

Company & Directors' Information:- C I INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL1996PTC076202

Company & Directors' Information:- INFOTECH LIMITED [Active] CIN = U30006TN1982PLC009267

Company & Directors' Information:- K B SALES LTD [Active] CIN = U51109WB1993PLC058255

Company & Directors' Information:- J K SALES PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109479

Company & Directors' Information:- C R INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL1996PTC077678

Company & Directors' Information:- D K Y SALES PRIVATE LIMITED [Active] CIN = U74899DL2002PTC117108

Company & Directors' Information:- P V S INFOTECH PRIVATE LIMITED. [Active] CIN = U72200DL2000PTC103791

Company & Directors' Information:- G N R C INFOTECH PRIVATE LIMITED [Active] CIN = U72200AS2001PTC006584

Company & Directors' Information:- S AND S INFOTECH AND SOFTWARE PRIVATE LIMITED [Active] CIN = U30007MH2002PTC138227

Company & Directors' Information:- R V S INFOTECH LIMITED [Active] CIN = U72200TZ2000PLC009253

Company & Directors' Information:- A K C SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128462

Company & Directors' Information:- ELNET LIMITED [Liquidated] CIN = L30007TN1988PLC016194

Company & Directors' Information:- H R INFOTECH PRIVATE LIMITED [Converted to LLP] CIN = U72200WB2011PTC166498

Company & Directors' Information:- K P R SALES PVT LTD [Active] CIN = U74899DL1983PTC016626

Company & Directors' Information:- M C SALES PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031203

Company & Directors' Information:- A V M SALES PVT LTD [Active] CIN = U24112WB1990PTC048552

Company & Directors' Information:- P S SALES PRIVATE LIMITED [Active] CIN = U51432UP2002PTC026496

Company & Directors' Information:- A M SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC034571

Company & Directors' Information:- K. S. CITY PRIVATE LIMITED [Active] CIN = U45201MP2006PTC018691

Company & Directors' Information:- B. K. S. INFOTECH PRIVATE LIMITED [Active] CIN = U45400MH2012PTC230418

Company & Directors' Information:- N S INFOTECH LIMITED [Active] CIN = U30007KA1999PLC025300

Company & Directors' Information:- S N SALES PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1995PTC071621

Company & Directors' Information:- G C SALES PVT LTD [Active] CIN = U51109HR1989PTC030575

Company & Directors' Information:- A. L. T. INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2007PTC161777

Company & Directors' Information:- G. L. SALES PRIVATE LIMITED [Active] CIN = U51909DL2010PTC205078

Company & Directors' Information:- B A G INFOTECH PRIVATE LIMITED [Active] CIN = U52335DL1998PTC097109

Company & Directors' Information:- J P M SALES PRIVATE LIMITED [Strike Off] CIN = U52100TG2012PTC080686

Company & Directors' Information:- S N A INFOTECH PRIVATE LIMITED [Active] CIN = U72900MH2005PTC155271

Company & Directors' Information:- S L INFOTECH PRIVATE LIMITED [Active] CIN = U72300AS2000PTC006125

Company & Directors' Information:- S T INFOTECH LIMITED [Active] CIN = U72200WB1997PLC085587

Company & Directors' Information:- P AND P SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057212

Company & Directors' Information:- R & D INFOTECH PRIVATE LIMITED [Active] CIN = U72200WB1997PTC084977

Company & Directors' Information:- S S M E SOLUTION PRIVATE LIMITED [Active] CIN = U74120DL2008PTC174982

Company & Directors' Information:- C R G INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2008PTC174812

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200GJ1995PTC025791

Company & Directors' Information:- G-3 INFOTECH PRIVATE LIMITED [Amalgamated] CIN = U30007DL1999PTC098511

Company & Directors' Information:- D M INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2006PTC152561

Company & Directors' Information:- S R INFOTECH PRIVATE LIMITED [Active] CIN = U72300UP2000PTC025511

Company & Directors' Information:- C R SALES PRIVATE LIMITED [Active] CIN = U51311HR1989PTC034949

Company & Directors' Information:- P G INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL2000PTC105014

Company & Directors' Information:- N. D. SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG1998PTC029778

Company & Directors' Information:- S O INFOTECH PRIVATE LIMITED [Active] CIN = U72120DL2001PTC109989

Company & Directors' Information:- N G INFOTECH INDIA PRIVATE LIMITED [Active] CIN = U72200GJ1999PTC036837

Company & Directors' Information:- L F C INFOTECH PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167694

Company & Directors' Information:- G D I INFOTECH PRIVATE LIMITED [Active] CIN = U80302MH1999PTC118659

Company & Directors' Information:- S B SALES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC019075

Company & Directors' Information:- D S INFOTECH PRIVATE LIMITED [Active] CIN = U80221WB1998PTC088271

Company & Directors' Information:- T AND H SOFTWARE PRIVATE LIMITED [Active] CIN = U72200UP2000PTC025638

Company & Directors' Information:- U M INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2010PTC209718

Company & Directors' Information:- S K V INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC135028

Company & Directors' Information:- I M INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC142363

Company & Directors' Information:- W AND G INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200UR2000PTC025543

Company & Directors' Information:- P S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200PB2000PTC023935

Company & Directors' Information:- M S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133997

Company & Directors' Information:- S M G SALES PRIVATE LIMITED [Active] CIN = U52190DL1996PTC076099

Company & Directors' Information:- G N INDIA SALES PRIVATE LIMITED [Active] CIN = U74999WB2012PTC180525

Company & Directors' Information:- ELNET SOFTWARE CITY LIMITED [Under Liquidation] CIN = U45209TN2005PLC055728

Company & Directors' Information:- F. S. W. INFOTECH PRIVATE LIMITED [Active] CIN = U74999MH2018PTC304961

Company & Directors' Information:- L T INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC162270

Company & Directors' Information:- V G INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2008PTC184085

Company & Directors' Information:- K P INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2013PTC256424

Company & Directors' Information:- K B R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC038500

Company & Directors' Information:- N J INFOTECH INDIA PRIVATE LIMITED [Strike Off] CIN = U72900MH1992PTC065367

Company & Directors' Information:- G A S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC127546

Company & Directors' Information:- V. R. A. SALES PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039548

Company & Directors' Information:- B B SOFTWARE LTD [Strike Off] CIN = L30009WB1995PLC072361

Company & Directors' Information:- J AND J INFOTECH PRIVATE LIMITED [Active] CIN = U72100CH1996PTC018982

Company & Directors' Information:- K K SALES PRIVATE LIMITED [Active] CIN = U20299UP1987PTC009147

Company & Directors' Information:- P S I SALES PRIVATE LTD. [Active] CIN = U74899DL1986PTC022999

Company & Directors' Information:- J D SALES LIMITED [Strike Off] CIN = U51909MH1983PLC029644

Company & Directors' Information:- B B INFOTECH PRIVATE LIMITED [Dormant under section 455] CIN = U17111OR1989PTC002280

Company & Directors' Information:- N D K SALES PRIVATE LIMITED [Active] CIN = U51101UP2009PTC037413

Company & Directors' Information:- B L INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC137392

Company & Directors' Information:- G K J INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC143502

Company & Directors' Information:- AMP INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2007PTC159294

Company & Directors' Information:- V W C INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2000PTC104310

Company & Directors' Information:- R I INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200WB1999PTC088628

Company & Directors' Information:- D K INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC021546

Company & Directors' Information:- H P SALES COMPANY PRIVATE LIMITED [Active] CIN = U51495DL2004PTC128566

Company & Directors' Information:- R. K. P. SALES PRIVATE LIMITED [Active] CIN = U52601UP2018PTC101743

Company & Directors' Information:- N R B SALES PVT. LTD. [Active] CIN = U51109WB1989PTC047356

Company & Directors' Information:- H K SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200WB2001PTC093967

Company & Directors' Information:- U C SALES PRIVATE LIMITED [Active] CIN = U30007DL2004PTC127320

Company & Directors' Information:- S B R INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2008PTC183660

Company & Directors' Information:- SOLUTION SOFTWARE (INDIA) PRIVATE LIMITED [Active] CIN = U72100DL1999PTC102318

Company & Directors' Information:- G D INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2004PTC129817

Company & Directors' Information:- L. D. INFOTECH PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175482

Company & Directors' Information:- J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TZ2000PTC009229

Company & Directors' Information:- K G INFOTECH LIMITED [Strike Off] CIN = U03000TZ1995PLC005828

Company & Directors' Information:- 3 C INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KL2001PTC014906

Company & Directors' Information:- C L INFOTECH PRIVATE LIMITED [Active] CIN = U72200KA1998PTC023936

Company & Directors' Information:- M A K SALES PRIVATE LIMITED [Amalgamated] CIN = U26106UP2003PTC027989

Company & Directors' Information:- H & D CITY PRIVATE LIMITED [Strike Off] CIN = U70102UP2015PTC068088

Company & Directors' Information:- D. K. G. SALES PRIVATE LIMITED [Active] CIN = U51909DL2012PTC232444

Company & Directors' Information:- K S M SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128463

Company & Directors' Information:- R B SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC140322

Company & Directors' Information:- G C N INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL1999PTC101558

Company & Directors' Information:- S M M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2014PTC076177

Company & Directors' Information:- G AND G SALES INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U52339KL2001PTC015071

Company & Directors' Information:- D S SALES PVT LTD [Active] CIN = U74899DL1981PTC011644

Company & Directors' Information:- R INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL1999PTC098787

Company & Directors' Information:- E INFOTECH INDIA PRIVATE LIMITED [Active] CIN = U72200GJ2000PTC037198

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200RJ1995PTC010577

Company & Directors' Information:- S P M SALES PRIVATE LIMITED [Active] CIN = U51211DL1997PTC085322

Company & Directors' Information:- K S S SALES PRIVATE LIMITED [Active] CIN = U70200UP1999PTC024587

Company & Directors' Information:- S P C SALES PRIVATE LIMITED [Active] CIN = U51909DL2010PTC210237

Company & Directors' Information:- B T INFOTECH PVT LTD [Strike Off] CIN = U72200WB1995PTC072322

Company & Directors' Information:- T I & M SALES LTD [Not available for efiling] CIN = U51900WB1967PLC015415

Company & Directors' Information:- R J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133815

Company & Directors' Information:- A B S INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109507

Company & Directors' Information:- M P M INFOTECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72200TZ2009PTC015534

Company & Directors' Information:- G S SALES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015481

Company & Directors' Information:- I D M INFOTECH PRIVATE LIMITED [Active] CIN = U72200UP1995PTC018911

Company & Directors' Information:- M B SALES INDIA PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057259

Company & Directors' Information:- H J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG2007PTC056351

Company & Directors' Information:- H C S INFOTECH PRIVATE LIMITED [Active] CIN = U72900WB2002PTC095327

Company & Directors' Information:- V V R INFOTECH PRIVATE LIMITED [Active] CIN = U72200MH2004PTC146584

Company & Directors' Information:- S K INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200MH2001PTC130890

Company & Directors' Information:- G B SALES PRIVATE LIMITED [Strike Off] CIN = U74900PN2013PTC149637

Company & Directors' Information:- I & I SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TN2005PTC056262

Company & Directors' Information:- T A S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200TN2005PTC057643

Company & Directors' Information:- D F SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TZ2003PTC010629

Company & Directors' Information:- C V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200TG2001PTC037864

Company & Directors' Information:- S S N INFOTECH PRIVATE LIMITED [Active] CIN = U72200TG2009PTC063843

Company & Directors' Information:- E. C. SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72900TN2007PTC063486

Company & Directors' Information:- Q 3 INDIA SOFTWARE PRIVATE LIMITED [Active] CIN = U72900TN2007PTC065786

Company & Directors' Information:- N P INFOTECH PVT LTD [Strike Off] CIN = U72200WB2006PTC109006

Company & Directors' Information:- D U INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300WB2013PTC189677

Company & Directors' Information:- I J INFOTECH PRIVATE LIMITED [Active] CIN = U30000CH2005PTC028655

Company & Directors' Information:- D N G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2008PTC181997

Company & Directors' Information:- M L G SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL1996PTC075048

Company & Directors' Information:- K I A SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC122783

Company & Directors' Information:- M V SALES (INDIA) PRIVATE LIMITED [Active] CIN = U51909DL2008PTC184122

Company & Directors' Information:- K Y SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC136072

Company & Directors' Information:- A P SOLUTION PRIVATE LIMITED [Active] CIN = U72200DL2005PTC144131

Company & Directors' Information:- G N D INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2008PTC182777

Company & Directors' Information:- K R G INFOTECH PRIVATE LIMITED. [Active] CIN = U72901DL2006PTC148322

Company & Directors' Information:- T M I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2005PTC036299

Company & Directors' Information:- R & Y SALES PRIVATE LIMITED [Strike Off] CIN = U74900DL1998PTC093675

Company & Directors' Information:- A S M SALES PRIVATE LIMITED [Strike Off] CIN = U45301UR2000PTC025735

Company & Directors' Information:- M J SALES PRIVATE LIMITED [Strike Off] CIN = U18101MH1988PTC049326

Company & Directors' Information:- CITY SALES PRIVATE LIMITED [Strike Off] CIN = U52520TG1989PTC009468

Company & Directors' Information:- U C S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA1995PTC019006

Company & Directors' Information:- B C L SOFTWARE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U30007MH1999PTC117922

Company & Directors' Information:- G S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72100MH2000PTC124184

Company & Directors' Information:- P & K INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200TN1999PTC041717

Company & Directors' Information:- C C M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034002

Company & Directors' Information:- CHENNAI INFOTECH PRIVATE LIMITED [Strike Off] CIN = U35921TN1996PTC037126

Company & Directors' Information:- S T INFOTECH LIMITED [Strike Off] CIN = U72200KA2000PLC026628

Company & Directors' Information:- C B S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900TN1999PTC041846

Company & Directors' Information:- G M SALES PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076494

Company & Directors' Information:- S G SALES PVT LTD [Active] CIN = U51909TG1989PTC010567

Company & Directors' Information:- A. C. INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200WB2007PTC112999

Company & Directors' Information:- M I S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TN2008PTC068694

Company & Directors' Information:- F T INFOTECH PRIVATE LIMITED [Active] CIN = U74999MH2020PTC343388

Company & Directors' Information:- S B S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200WB2000PTC092489

Company & Directors' Information:- A. T. SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG1996PTC023841

Company & Directors' Information:- D K B SALES PRIVATE LIMITED [Strike Off] CIN = U51109WB2009PTC136057

Company & Directors' Information:- J A K SOFTWARE PVT LTD [Active] CIN = U72200DL2001PTC111929

Company & Directors' Information:- R R SOFTWARE PVT LTD [Under Process of Striking Off] CIN = U72200KL1991PTC006051

Company & Directors' Information:- A R R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC139177

Company & Directors' Information:- A M H SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC132410

Company & Directors' Information:- R. P. SALES PRIVATE LIMITED [Active] CIN = U16004UP1995PTC017800

Company & Directors' Information:- P M C SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC024459

Company & Directors' Information:- M M SALES PRIVATE LIMITED [Strike Off] CIN = U52602OR1993PTC003255

Company & Directors' Information:- S S G M SALES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74900PN2014PTC151358

Company & Directors' Information:- P D A SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2003PTC123465

Company & Directors' Information:- A P SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1977PTC008819

Company & Directors' Information:- K C SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036923

Company & Directors' Information:- A R SALES PRIVATE LIMITED [Active] CIN = U51909DL2003PTC123142

Company & Directors' Information:- B M SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC127901

Company & Directors' Information:- J G INFOTECH PRIVATE LIMITED. [Active] CIN = U72200DL2005PTC132736

Company & Directors' Information:- F-1 INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2006PTC144426

Company & Directors' Information:- M S G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142298

Company & Directors' Information:- R & B INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2008PTC048682

Company & Directors' Information:- T A P INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2010PTC052098

Company & Directors' Information:- U R SALES PRIVATE LIMITED [Active] CIN = U51909PB2010PTC034419

Company & Directors' Information:- S W C SALES PRIVATE LIMITED [Strike Off] CIN = U52599PB2005PTC028340

Company & Directors' Information:- T & H INFOTECH PRIVATE LIMITED [Active] CIN = U30007MH2011PTC211938

Company & Directors' Information:- S K P INFOTECH PRIVATE LIMITED [Strike Off] CIN = U30009MH2004PTC149339

Company & Directors' Information:- I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72300MH2012PTC225903

Company & Directors' Information:- W R B INFOTECH PRIVATE LIMITED [Strike Off] CIN = U52100MH2010PTC201111

Company & Directors' Information:- U. G. SALES PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC233364

Company & Directors' Information:- M I P SALES PRIVATE LIMITED [Strike Off] CIN = U51900MH1973PTC016482

Company & Directors' Information:- G V S SALES PRIVATE LIMITED [Active] CIN = U51900MH2004PTC149593

Company & Directors' Information:- J N S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200MH2004PTC148396

Company & Directors' Information:- K & N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200PN2010PTC135273

Company & Directors' Information:- P L N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200PN2013PTC146766

Company & Directors' Information:- V 5 INFOTECH PRIVATE LIMITED [Active] CIN = U74999MH2014PTC254857

Company & Directors' Information:- K AND Z INFOTECH PRIVATE LIMITED [Active] CIN = U72900MH2005PTC154048

Company & Directors' Information:- V M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900PN2010PTC136847

Company & Directors' Information:- K J SALES PRIVATE LIMITED [Strike Off] CIN = U74120MH2012PTC228743

Company & Directors' Information:- M SOLUTION PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120MH2013PTC247501

Company & Directors' Information:- M G SALES PRIVATE LIMITED [Active] CIN = U74120UP2011PTC047801

Company & Directors' Information:- S F SALES PRIVATE LIMITED [Strike Off] CIN = U51101UP2011PTC044031

Company & Directors' Information:- S D T SALES PRIVATE LIMITED [Strike Off] CIN = U52390TG2012PTC080405

Company & Directors' Information:- D L C INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300UP2008PTC034728

Company & Directors' Information:- D N INFOTECH PRIVATE LIMITED [Active] CIN = U72300UP2012PTC054294

Company & Directors' Information:- I I B S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300UP2013PTC054676

Company & Directors' Information:- F R INFOTECH PRIVATE LIMITED [Active] CIN = U72300UP2014PTC067948

Company & Directors' Information:- P F INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74900UP2011PTC045136

Company & Directors' Information:- A V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900UP2002PTC026656

Company & Directors' Information:- D B S SALES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74999UP2004PTC028747

Company & Directors' Information:- E-SOLUTION INFOTECH PRIVATE LIMITED [Active] CIN = U72200WB2012PTC183953

Company & Directors' Information:- S. D. SOLUTION PRIVATE LIMITED [Strike Off] CIN = U72200WB2011PTC170349

Company & Directors' Information:- P & P INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900WB2013PTC194892

Company & Directors' Information:- S S B INFOTECH PRIVATE LIMITED [Active] CIN = U51909WB1998PTC088311

Company & Directors' Information:- J AND K INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300JK2005PTC002589

Company & Directors' Information:- H G S INFOTECH PRIVATE LIMITED [Active] CIN = U72900HP2011PTC031797

Company & Directors' Information:- H M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200HP2011PTC031756

Company & Directors' Information:- A G INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U72900CH2012PTC033581

Company & Directors' Information:- A B K INFOTECH PVT LTD [Strike Off] CIN = U72300DL2006PTC149165

Company & Directors' Information:- N. A. INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2006PTC151784

Company & Directors' Information:- G V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2008PTC172610

Company & Directors' Information:- G Y INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2009PTC189966

Company & Directors' Information:- S R M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2001PTC113160

Company & Directors' Information:- C N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2007PTC169883

Company & Directors' Information:- A A M INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2010PTC210990

Company & Directors' Information:- M P J INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2010PTC210638

Company & Directors' Information:- J & D INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2011PTC229211

Company & Directors' Information:- S N R SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2012PTC243073

Company & Directors' Information:- R N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2013PTC250317

Company & Directors' Information:- S H INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2015PTC288193

Company & Directors' Information:- M R SOLUTION PRIVATE LIMITED [Active] CIN = U72900DL2016PTC306084

Company & Directors' Information:- K S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC175123

Company & Directors' Information:- S M SALES PRIVATE LIMITED [Active] CIN = U51900DL1993PTC053285

Company & Directors' Information:- A N SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC091432

Company & Directors' Information:- A R V SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC138896

Company & Directors' Information:- A K M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC133661

Company & Directors' Information:- B S G INFOTECH PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U72200DL2005PTC134123

Company & Directors' Information:- L R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC134704

Company & Directors' Information:- K H R INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC134855

Company & Directors' Information:- E G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC135197

Company & Directors' Information:- D AND A INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC136205

Company & Directors' Information:- V & V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC138462

Company & Directors' Information:- B N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC138720

Company & Directors' Information:- T K INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC141353

Company & Directors' Information:- G U SOFTWARE SOLUTION PRIVATE LIMITED [Active] CIN = U72200DL2005PTC141812

Company & Directors' Information:- G S R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC142894

Company & Directors' Information:- K A V SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC144121

Company & Directors' Information:- V C L INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2006PTC147955

Company & Directors' Information:- I P A INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2009PTC189004

Company & Directors' Information:- R K T SOLUTION PRIVATE LIMITED [Active] CIN = U72200DL2012PTC229937

Company & Directors' Information:- V B INFOTECH INDIA PRIVATE LIMITED [Active] CIN = U72200DL2012PTC241950

Company & Directors' Information:- V M A INFOTECH PRIVATE LIMITED [Strike Off] CIN = U93000DL2013PTC254286

Company & Directors' Information:- P & A INFOTECH PRIVATE LIMITED [Active] CIN = U74120DL2008PTC177113

Company & Directors' Information:- J T INFOTECH PRIVATE LIMITED [Active] CIN = U51395DL2013PTC261054

Company & Directors' Information:- A P S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109696

Company & Directors' Information:- R B S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL2004PTC128001

Company & Directors' Information:- S N INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141584

Company & Directors' Information:- P K G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC141775

Company & Directors' Information:- C M S SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142352

Company & Directors' Information:- S M I T SOFTWARE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL2006PTC144816

Company & Directors' Information:- A. C. T. SALES PRIVATE LIMITED [Strike Off] CIN = U52100DL2008PTC172729

Company & Directors' Information:- U N INFOTECH PRIVATE LIMITED [Active] CIN = U72300HR2014PTC051750

Company & Directors' Information:- A D SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2002PTC030722

Company & Directors' Information:- 2 S INFOTECH PRIVATE LIMITED [Active] CIN = U72200KA2009PTC049280

Company & Directors' Information:- A AND S INFOTECH PRIVATE LIMITED [Active] CIN = U72900KL2006PTC019844

Company & Directors' Information:- A TO Z INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200GJ2010PTC063043

Company & Directors' Information:- AT INFOTECH PRIVATE LIMITED [Active] CIN = U72900UP2019PTC116326

Company & Directors' Information:- S SALES PRIVATE LIMITED [Not available for efiling] CIN = U51909DL2021PTC376262

Company & Directors' Information:- E S INFOTECH PRIVATE LIMITED [Active] CIN = U72900PB2021PTC053585

Company & Directors' Information:- V R SALES PRIVATE LIMITED [Strike Off] CIN = U51109KA1990PTC011491

Company & Directors' Information:- A R INFOTECH LIMITED [Strike Off] CIN = U72200DL2000PLC108900

Company & Directors' Information:- A J SALES PVT LTD [Strike Off] CIN = U51909CH1989PTC009863

Company & Directors' Information:- G M SALES PVT LTD [Strike Off] CIN = U51909CH1992PTC012260

Company & Directors' Information:- A TO Z SALES (P) LIMITED [Strike Off] CIN = U74900DL1996PTC082425

Company & Directors' Information:- J C SALES PRIVATE LIMITED [Strike Off] CIN = U51109DL1982PTC014805

Company & Directors' Information:- M AND M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034708

Company & Directors' Information:- J N R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200TG2007PTC052259

Company & Directors' Information:- H. A. N. R. E. J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2008PTC062044

Company & Directors' Information:- M C S INFOTECH PVT. LTD. [Strike Off] CIN = U99999DL1996PTC078891

Company & Directors' Information:- T AND G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U99999DL2000PTC103251

Company & Directors' Information:- Y M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC165169

Company & Directors' Information:- S S R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2008PTC177400

Company & Directors' Information:- M S SALES PRIVATE LIMITED [Strike Off] CIN = U74300UP1967PTC003153

Company & Directors' Information:- B R SALES COMPANY PRIVATE LIMITED [Strike Off] CIN = U34300DL1983PTC016125

Company & Directors' Information:- D V SALES PVT LTD [Strike Off] CIN = U51900MH1982PTC026068

Company & Directors' Information:- SALES LIMITED [Dissolved] CIN = U99999MH1945PTC004578

    O.S.A.No. 31 of 2020

    Decided On, 13 August 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE CHIEF JUSTICE MR. SANJIB BANERJEE & THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

    For the Appellant: G.K. Muthukumar, Advocate. For the Respondents: R1, P. Puhazh Gandhi, R2, Karthick Sundaram, Advocates.



Judgment Text

(Prayer: Appeal filed under Order XXXVI, Rule 9 of the Original Side Rules read with Clause 15 of the Letters Patent to set aside the order dated 05.11.2019 made in Application No.7234 of 2019 in C.S.No.359 of 2019 on the file of this Hon'ble Court.)Sanjib Banerjee, CJ.The appeal arises out of an order passed on an application for rejection of the plaint, though the judgment impugned reveals an attempt at adjudication of the claim on merits.2. There is a distinction between the rejection of a plaint and the dismissal of a claim. Indeed, the rejection of a plaint does not follow a conclusive adjudication of rights culminating in a decree, but by reason of the legal fiction in Section 2(2) of the Code of Civil Procedure, 1908, the rejection of a plaint is deemed to be a decree. Further Order VII Rule 13 of the Code mandates that the rejection of the plaint shall not preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. Thus, the rejection of a plaint cannot result in a claim being stultified; it permits the plaintiff to lodge a fresh claim.3. The plaint in the present case seeks the following reliefs:“a. Granting a permanent injunction restraining both the Defendants joint and severally, their co-proprietors herein, partners, staff, contractors, men, servants, agents, associates or anyone claiming through or under them from in any manner infringing the Plaintiff's copyright in its customised Tally Software and from using the customised version of the Plaintiff Tally software or any modification thereof, without the permission of the Plaintiff and thus render justice.b. Mandatory injunction directing both the defendants jointly or severally from breaking locks, tampering or modifying the customized Tally software without the permission of the Plaintiff.c. Directing the Defendants to jointly and severally pay compensative and/or punitive damages of Rs.15,00,000 to the Plaintiff.d. Directing the Defendants to pay the Plaintiff the costs of the suit ande. Pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.”4. The case as made out in the plaint is that the plaintiff obtains a generic computer programme from a third party, customises it for use by its clients and sells the same through intermediaries as the first defendant in the suit. The further case in the plaint is that in the usual course of business the plaintiff had customised the computer programme and sold it to the second defendant Indian Institute of Technology, Gandhinagar through the first defendant. Despite the plaint having made out such case and the plaintiff complaining of the balance consideration in respect of the computer programme not being paid by the first defendant, the plaint also asserts that the plaintiff is the owner of the copyright in the computer programme and the principal relief claimed is for an injunction restraining the defendants from infringing the plaintiff's copyright.5. In dealing with the second defendant's application for rejection of the plaint, the trial court referred to the correspondence exchanged between the parties, interpreted documents and made a veritable assessment of the claim, though such an exercise was not called for on an application for rejection of the plaint. Though much of the law as it had stood for a long time has been turned on its head by recent legislation, some of the cardinal principles still hold good. A plaint may be rejected only on the basis of the statements contained in the plaint. As a consequence, the allied principle is that the allegations contained in the plaint have to be treated as true and correct for the purpose of assessing an application for rejection of the plaint. Of course, if some of the statements appear to be absurd on the face of it, to such extent the strict rule may not apply.6. For instance, if a question of limitation is involved and some act is pleaded in the plaint which would entitle the plaintiff to obtain a period of exemption, the fact that what is pleaded in such regard is false may be decided at the trial, but the plaint cannot be rejected in such a scenario. On the other hand, since a plaintiff is obliged to indicate that the claim has been brought within time, if the aspect of limitation is completely overlooked, the plaint may be rejected. Again, as Order VII Rule 13 of the Code instructs, such a rejection will permit the mistake to be corrected and a fresh claim lodged.7. The substance of the plaintiff's case here is that the second defendant, through the instrumentality of the first defendant, purchased a computer programme that had been created by the plaintiff and the second defendant is purporting to use the same without making full payment therefor. In copyright law, the assertion of copyright in any work and the assertion of a money claim in lieu of the copyright are completely distinct. A may have agreed with B to assign its copyright in some work in favour of B upon the payment of an agreed sum. Upon A's assignment of the copyright in favour of B, A cannot seek return of the copyright on the ground of non-payment of the consideration or any part thereof. That is elementary. The unpaid rights of the owner of a copyright may be enforced by way of a money claim, but copyright when passed, particularly in case of an assignment, does not return except upon re-assignment or upon the assignment lapsing for non-use by operation of law.8. As to what amounts to copyright and who is entitled to exercise such right and to what extent are provided in the Copyright Act, 1957. Some of the provisions need to be seen to appreciate the nature of the claim carried by the plaintiff to court and whether the plaint relating to the suit was liable to be rejected. Section 2(d) of the Act defines an “author”. In relation to, inter alia, any literary work which is computer-generated, the person who caused the work to be created is regarded under the statute to be the author of the work. Section 2(o) of the Act defines “literary work” to include, inter alia, computer programmes. Section 13 of the Act details the works in which copyright subsists. Under Section 13(1)(a), copyright subsists in any literary, dramatic, musical and artistic work. Section 14 defines "copyright" and the nature of the right that an author can exercise in such intellectual property. Section 17 of the Act provides who the first owner of the first copyright would be. It must also be remembered that there can be no copyright in respect of any matter which is not recognised by the statute. Section 16 of the Act mandates as such.9. Clause (a) of the Proviso to Section 17 of the Act recognises, inter alia, an exception to the general principle that the creator of the work in which copyright exists would be the first owner of the copyright. Section 17 of the Act together with clauses (a) to (c) of the Proviso thereto, may be seen:“17. First owner of copyright.— Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein:Provided that—(a) in the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work insofar as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work;(b) subject to the provisions of clause (a), in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration, at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;(c) in the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, to which clause (a) or clause (b) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; ”10. It is not in dispute that the other provisions of Section 17 of the Act do not apply to the facts of the instant matter.11. A question is raised by the appellant as to the applicability of clause (c) of the Proviso to Section 17 in the present case. Since the second defendant's contention is recorded in the impugned judgment to the effect that "the copyright in the software customized for the second defendant vests only with the second defendant in terms of section 17(c)" of the Act and such contention is accepted by the trial court, a discussion on such aspect becomes necessary; though Section 17 of the Act may have no manner of application herein.12. At paragraph 16 of the impugned judgment it has been observed that clause (c) of the Proviso to Section 17 of the Act makes it clear that if the relevant work is capable of any copyright subsisting therein and such work is created "in the course of employment under the contract of service or apprenticeship, ... the employer shall be the first owner of the work." On such basis, the trial court held that "When the plaintiff was engaged for certain services, he cannot claim copyright of the software."13. The trial court clearly fell into error in such regard. Section 17 of the Act lays down in absolute terms that, subject to the provisions of the Act, the author of a work shall be the first owner of the copyright therein. The Proviso to such provision qualifies the mandate, but only in certain cases. The Proviso covers the entire gamut of works in which copyright subsists.14. As would be evident from the three relevant clauses of the Proviso set out hereinabove, clause (a) pertains to literary, dramatic or artistic work, where such work is made by the author in course of his employment by the proprietor of a newspaper or a magazine or a similar periodical under a contract of service or apprenticeship and is restricted to the work being published in the relevant newspaper or magazine or similar periodical. It is in such situations that, unless there is an agreement to the contrary, the proprietor of the newspaper or magazine or similar periodical would be the first owner of the copyright in the work. Again, the ownership of the proprietor in the copyright of the work is restricted to its publication in any newspaper or magazine or similar periodical or the reproduction thereof. In all other respects, the author remains the first owner of the copyright in the work.15. Clause (b) of the relevant Proviso is subject to clause (a) thereof and is confined to the cases of a photograph or a painting or portrait or an engraving or a cinematograph film, which is created for valuable consideration at the instance of any person. In such a scenario, such other person at whose instance the photograph is taken or the painting or portrait is drawn or an engraving or a cinematograph film is made, will be the first owner of the copyright in the relevant work, in the absence of any agreement to the contrary.16. Clause (c) of the Proviso extends to matters not covered by clauses (a) and (b) of the Proviso, but is restricted to works made in course of the author's employment under a contract of service or apprenticeship, where, in the absence of any agreement to the contrary, the employer would be the first owner of the copyright in the work. Neither of the aforesaid clauses (a) and (b) of the Proviso to Section 17 of the Act pertains to any computer programme or literary work which is computer-generated, other than, possibly, in respect of a publication in a newspaper or magazine or similar periodical.17. Though clause (c) of the Proviso to Section 17 of the Act is more general and expressly covers areas to which clause (a) or clause (b) does not apply, its operation is limited to any work made by the author in course of the author's employment under a contract of service or apprenticeship. Indeed, it must be appreciated in the context that a contract of service is distinct from a contract for service and clause (c) of the relevant Proviso covers only contracts of service. A contract of service amounts to the author being employed; whereas a contract for service pertains to a particular act and the author may not be continuously engaged, as in the nature of a master-servant relationship, by the employer.18. In such light, the reasoning in the order impugned is exceptionable as it fails to notice the distinction between a contract of service and a contract for service. In the backdrop of the plaintiff's assertion that it had created the computer programme at the behest of the second defendant and had sold the same to the second defendant, there could not have been a contract of service for any of the exceptions in the relevant clauses of the Proviso to Section 17 of the Act to be attracted in the present case.19. The real answer lies elsewhere, though the opening words of Section 17 of the Act may also be germane for the discussion. Section 30 of the Act provides that the owner of a work in which copyright subsists can alienate his copyright in whole or in part, for all time or for a limited period, and in respect of all territories or any part thereof. Section 30 of the Act also permits the owner of the copyright in any existing work or even the prospective owner of the copyright in any future work to grant any interest in the right by licence, subject to the same condition as in Section 18 pertaining to future work as long as, just like assignment, the licence is in writing by the owner or his duly authorised agent. The mode of licensing is the same as the mode of assignment since Section 30A of the Act makes the provisions of Section 19 thereof applicable to licences.20. In the case at hand, the first defendant must be regarded as the duly authorised agent of the plaintiff who had due authority to grant licence in respect of the computer programme authored by the plaintiff and commissioned according to the requirements and specifications of the second defendant. Though such a case may not have been expressly made out in as many words, but a meaningful and charitable reading of the plaint would imply the plaintiff's case in the plaint to be this, at the highest.21. Once a licence in any work in which copyright subsists is granted by the owner of the copyright or by his duly authorised agent, the licensee is entitled to exercise all rights covered by the licence, irr

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espective of the licence being exclusive or otherwise. When the owner of the copyright in any work grants any interest in the right by licence to another, such other may exploit the licence to the extent of the interest granted thereby for the period covered, if there is any limitation in such regard. Again, like in the case of assignment of copyright, a licence when granted cannot be taken back by the owner of the copyright unless it is surrendered or it lapses for non-use by operation of law. The unpaid licensor's rights lie in a claim for money.22. In the light of the foregoing legal discussion, on a meaningful reading of the plaint, it does not appear that the plaintiff could have brought an action for infringement against either defendant since the first defendant is pleaded only to be the instrumentality through which the computer programme was sold by the plaintiff to the second defendant and must be seen to be an agent of the plaintiff for the purpose of licensing; and, the second defendant is the licensee in possession of a valid licence to use the relevant computer programme or software.23. Accordingly, for completely different reasons than indicated in the impugned judgment, the order dated November 5, 2019 rejecting the plaint is upheld as the plaintiff could not have claimed any relief for infringement of copyright in the computer programme against either defendant as espoused in the plaint. However, nothing in this order will preclude the plaintiff from pursuing the money claim against the defendants in accordance with law.O.S.A.No.31 of 2020 is disposed of on the above basis. There will be no order as to costs.
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