Court finds prima facie copyright infringement through phone-home technology, exempts plaintiffs from pre-litigation mediation, and restrains defendants from copying, installing, using, or destroying relevant software data.
The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Bentley Systems Inc. and its Indian subsidiary in a commercial suit alleging unauthorized use of copyrighted software by the defendants.
Justice A.J. Bhambhani, hearing CS(COMM) 993 of 2026, observed that the plaintiffs had established a prima facie case of copyright infringement through evidence gathered using phone-home technology. The court held that the balance of convenience lay in favour of the plaintiffs and that irreparable harm would be caused if interim protection was denied.
The plaintiffs alleged that the defendants were using pirated or unlicensed versions of their software, including RAM Concept, iTwin Analytical Synchronizer, iTwin Services Add-in, and STAAD, without any licence or authority. They further submitted that the infringement had been detected through messages received via the software’s phone-home technology.
Accepting the plaintiffs’ request, the court restrained the defendants, their agents, franchisees, servants, and others acting on their behalf from directly or indirectly copying, reproducing, storing, installing, or using the plaintiffs’ pirated or unlicensed software. The court also prohibited the defendants from formatting computer systems or erasing data, log files, installations, or other material relating to the allegedly infringing use.
In addition, the court exempted the plaintiffs from the requirement of attempting pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015, relying on the Supreme Court’s ruling in Yamini Manohar v. T.K.D. Keerthi and the Delhi High Court’s decision in Chandra Kishore Chaurasia v. R A Perfumery Works (P) Ltd.
The court also allowed the plaintiffs’ application for extension of time to file court fee, permitted filing of additional documents, and granted exemption from advance service. The plaint was directed to be registered as a suit, summons were ordered to be issued, and the defendants were asked to file written statements within 30 days of service.
The matter has been listed for further proceedings before the Joint Registrar on 3 December 2026.
Bottom Line :
Copyright infringement in software - In a commercial suit, where plaintiffs showed prima facie unauthorized use of their copyrighted software through phone-home technology evidence, Court granted ex-parte ad-interim injunction restraining defendants from copying, storing, installing or using pirated/unlicensed software and from formatting computer systems or erasing relevant data - Plaintiffs were also exempted from pre-litigation mediation in view of urgency.
Statutory provision(s): Copyright Act, 1957, Code of Civil Procedure, 1908 Order XXXIX Rules 1 and 2, Code of Civil Procedure, 1908 Section 149, Code of Civil Procedure, 1908 Section 151, Code of Civil Procedure, 1908 Order XI Rule 1(4), Commercial Courts Act, 2015 Section 12A
