ORDER : CM Nos. 645-646/2012 (Exemptions) & CM No. 647/2012 (to file Addl. Documents) Allowed subject to just exceptions. Applications stand disposed of. FAQ (OS) No. 23/2012 & CM No. 644/2012 (for release of computers) 1. The grievance of the appellants is that in the process of inspection carried out by the local commissioner to seize the pirated softwares, the computers have been seized which has been preventing the functioning of the appellant. It is thus submitted that on identifying pirated software the evidence can be preserved and the computers released to the appellants for their normal functioning. We put a query to learned counsel for the appellants as to how many pirated and licensed softwares were they using. The details are stated to be not available with the appellants or the respondents, but it is not in dispute that pirated softwares in large number were found with the appellants apart from the licensed softwares. Learned counsel for the appellants states that the appellants have been negotiating with the respondents to obtain licenses for the remaining softwares where pirated softwares are being used and are willing to pay for the same. It is the say of the appellants that a tentative amount of Rs 22 lacs was arrived at for this purpose but no final settlement has been arrived at. This may be on account of the license fee sought for by the respondents/damages for use of pirated software. 2. We are of the view that the appellants must be put to terms as there cannot be inherent right for carrying on business claiming such a right under the Constitution, while at the same time using pirated softwares. The appellants have been found with their hands in the till, yet have not been able to finally settle the amount which they are liable to pay to the respondent towards license fee and damages and costs. We thus consider appropriate to pass following order: (i) The appellant will deposit a sum of Rs 22 lacs in this court in the name of the Registrar General within one week. We thus consider appropriate to pass following order: (i) The appellant will deposit a sum of Rs 22 lacs in this court in the name of the Registrar General within one week. The amount be released to the respondents or their nominee subject to the final outcome in the suit, (ii) The aforesaid is a tentative figure and does not amount to an admission on the part of the respondents that the said amount is towards the license fee much less the amount towards damages and costs. (iii) On the deposit of the said amount, the local commissioner would de-seal the computers/CPUs and create back-up copies of the hard discs/ storage media on new hard disc/storage media provided by the appellants. The unlicensed/pirated softwares, as identified by the local commissioner, will then be deleted from the new hard discs. The appellants would be at liberty to use the new hard discs alongwith the seized computers/CPUs. The original hard discs would then be sealed and handed over to the appellants on superdari. The appellants shall be entitled to make and retain back-up copies of all their documents, data and files, and it is only the unlicensed/pirated softwares identified by the local commissioner, with the assistance of the respondents, that will be deleted from the new hard discs/storage media. (iv) Mr. Sachin Chandra, Advocate, local commissioner appointed by the learned Single Judge will carry out the above task and an additional fee of Rs 10,000/- will be paid to him, the expenses of which will be borne by the appellants. This will be apart from out of pocket expenses, (v) The appellants will also compensate the respondents towards expenses earlier incurred for the local commissioner of Rs 75,000/- within one week. The appeal and the application stands disposed of in the aforesaid terms. Dasti to the learned counsels for the parties under signatures of the Court Master.