29$
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 257/2007
SAP AG & ANR. ..... Plaintiffs
Through: Mr. Manav Kumar, Advocate
versus
SUDHANSHU MALHOTRA & ORS. ..... Defendants
Through: Mr. Ankit Sharma, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 11.12.2015
1. Counsels for the parties state that pursuant to the parties being referred to mediation, they have arrived at a settlement as recorded in the Settlement Agreement dated 23.11.2015.
2. The terms and conditions of the settlement have been recorded in para 6 of the Settlement Agreement, wherein the defendants have acknowledged the plaintiffs to be the sole proprietors of the copyright in respect of their software, subject matter of the present suit and further, they have given some undertakings to the plaintiffs. Additionally, the defendants have paid a sum of Rs.1,00,000/- to the plaintiffs as a token amount in lieu of the damages.
3. Counsel for the plaintiffs states that in view of the settlement arrived at between the parties, the plaintiffs have agreed to forego CS(OS) 257/2007 Page 1 of 2 their claims of damages, rendition of accounts, profits etc. against the defendants.
4. Counsels for the parties state that the suit may be decreed in terms of the Settlement Agreement dated 23.11.2015.
5. The Court has perused the Settlement Agreement. The same has been signed by the constituted attorney of the plaintiffs, the defendant No.1 for self and for and on behalf of the defendants No.2 & 3 and their respective counsels as also the learned Mediator.
6. As counsels for the parties jointly state that their clients have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the said settlement. The Settlement Agreement is taken on record and the parties shall remain bound by the terms and conditions of the settlement recorded therein.
7. The suit is decreed of in terms of the Settlement Agreement dated 23.11.2015, while leaving the parties to bear their own expenses. Decree sheet be drawn accordingly.
8. The suit is disposed of.
File be consigned to the record room.
HIMA KOHLI, J DECEMBER 11, 2015/mk/ap CS(OS) 257/2007 Page 2 of 2