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2014 (1) TMI 1115 - HC - Companies LawCopyright infringement - Copyright in e-tendering solution - Unauthorizedly obtaining the access to the plaintiff product - Permanent injunction - Held that:- plaintiff is a copyright holder in the software programme. Even though no original document has been filed despite admission/ denial of documents, nothing dissuades the plaintiff from still proving the same during trial. Further, there is already a decree in favour of the plaintiff against the Tendercity and defendant No.2 whereby they have been injuncted from infringing the copyright of the plaintiff company in the software E-solutions. Moreover defendant No. 2 as director of Tendercity has already acknowledged the proprietary rights of the plaintiff in the software. Hence, merely because the plaintiff has not filed any documents in support of its copyright, the plaint cannot be dismissed for want of cause of action. Defendant No.2 undertook not to even develop a software comparable to that of the plaintiff. The defendant No.2 already suffers a decree against him in this regard. Indubitably, a company is a separate legal entity from its shareholders and thus can be sued in its own name. However, in order to avoid a mala-fide exercise and if an act of the company is prima facie meant to circumvent the orders passed by the Courts, this Court will certainly pierce the Corporate veil and find out the true position. Despite an apology being tendered before this Court on 26th November, 2007 in Contempt Petition 35/2005, an independent company i.e. defendant No.1 had already been incorporated on 28th March, 2006 with the wife of defendant No.2 being its majority shareholder. On piercing the Corporate veil, I am of the considered opinion that the defendant No.1 company has been floated by defendant No.2 to circumvent the orders passed by this Court. Hence, the interim injunction granted vide order dated 28th July, 2010 is made absolute till the disposal of the suit - Decided in favour of Appellant.
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