Whalesbook
Data Evolve Solutions Private Limited alleges it owns the software and related applications used in the Digi Yatra platform, which is deployed nationwide at airports. The company approached the Telangana High Court after a trial court refused to grant it an ex-parte interim injunction in its suit. Justices Moushumi Bhattacharya and Gadi Praveen Kumar directed the Commercial Court to dispose of Data Evolve’s interim injunction application within four weeks.
Background of the Dispute
The court noted the urgency typically associated with intellectual property disputes and acknowledged that the trial court had granted multiple adjournments for the respondents to file their responses. The High Court emphasized that the trial court must give due weightage to the urgency pleaded by the petitioner, though it expressed no view on the merits of the copyright claims.
Parallel Proceedings in Delhi
A related dispute is simultaneously ongoing before the Delhi High Court. There, the Digi Yatra Foundation has sued Data Evolve over ownership and control of the Digi Yatra Central Ecosystem, as per their 2021 Minimum Viable Product Agreement (MVA). Data Evolve has alleged that KPMG cloned their software and deployed it at 28 airports, exceeding the MVA's permitted use at four.
Foundation's Stance and Disengagement
The Digi Yatra Foundation, a non-profit entity under the Ministry of Civil Aviation, selected Data Evolve in May 2021. The MVA stipulated that the Foundation would own all intellectual property in the platform, excluding Data Evolve's pre-existing software. Following disagreements in late 2023, the Foundation issued a disengagement letter in January 2024. Data Evolve disputes this, claiming wrongful withholding of payments and asserting ownership over the software architecture.