JUDGMENT Badar Durrez Ahmed, J.
IA. No. 9932/2003
1. This is an application moved by the plaintiff under Order 1 Rule 10 for impleadment of M/s Veritek Engineering Pvt. Ltd as a party. The learned counsel, who appears for the defendant No. 1, states that he has instructions to appear for defendant No. 2 also. He has no objection for the application being allowed. Accordingly, this application stands allowed. The said party is added as defendant No. 2. The amended memo of parties which has been filed is taken on record.
2. This application stands disposed of.
IA. No. 10357/2005
3. This is an application moved by the plaintiff under Order 6 Rule 17 of the Code of Civil Procedure, 1908 for seeking amendments in the plaint. In fact, the amendment that is being sought is in the name of the plaintiff that is changed from Enercon Systems P Ltd to Conzerv Systems P Ltd. The learned counsel for the defendant has no objection if the amendment is carried out in the plaint. Accordingly, the same is allowed. The amendment is permitted to be carried out in the plaint and the amended memo of parties showing the new name is taken on record. This application stands disposed of.
IA.No. 10356/2005
4. The plaintiff had filed this suit against the defendant in respect of the copyright that they had pertaining to electronic circuit diagrams with regard to their products DM 5240 and DM 5230 meters. However, during the pendency of this suit, the plaintiff and the defendant have decided to amicably settle their disputes and they have therefore jointly filed this application under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 praying that the suit be decreed in terms of prayer Clauses A,B and D as contained in the plaint. Essentially it has been agreed by and between the parties that the defendant specifically acknowledges the copyrights of the plaintiff in the circuit diagrams including wiring diagrams of the said meters. They also acknowledge the copyright in the get up including front panel, lay out structural arrangement, mounting arrangement and construction of the said meters. The defendants have also acknowledged the plaintiff to be the owner of the copyrights in the T.B. Label affixed on all the meters. The terms of the compromise and settlement are set out in detail in the application itself. In view of the various undertakings given by the defendants, the plaintiff do not press for the relief of damages and the rendition of accounts and profits. The application has been signed by Mr Ramesh Bhatia who is the authorised signatory of the plaintiff company and by Mr Deepak Kapoor on behalf of both the defendants 1 and 2. Copies of the resolution passed by the defendants 1 and 2 in favor of the said Deepak Kapoor are annexed with this application as annexures A and B. The signatures of the said Mr Deepak Kapoor and the said Mr Ramesh Bhatia are identified by their respective counsel. They have also filed affidavits in support of this application. This application be exhibited as Exhibit C-1.
5. Having considered the submissions made by the counsel for the parties and the terms of the compromise as set out in this application, which is in writing, I am satisfied that the agreement arrived at between the parties is a lawful one and that there is no impediment in taking the same on record. The suit is decreed in terms of prayer clause A,B and D. The rest of the prayers are not pressed by the plaintiff. The learned counsel for the defendants has handed over a cheque of Rs. 50,000/- bearing No. 985932 drawn on City Bank, Connaught Place, New Delhi to cover the litigation expenses. The decree sheet be prepared. The application Exhibit C-1 shall form part of the decree.
6. This application, the suit and all other pending IAs stand disposed of.