Adobe Systems Incorporated & ... vs Mr.A. Ray And Others
2009 Latest Caselaw 1253 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                            CS(OS) No.320/2009

%                        Date of Decision: 08.04.2009

Adobe Systems Incorporated & Another                           .... Plaintiffs

                        Through Ms.Aarshia Behl, Advocate

                                  Versus

Mr.A. Ray and others                                        .... Defendants

                        Through Mr.Vijay K. Singh, Advocate
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.   Whether reporters of Local papers may be                   YES
     allowed to see the judgment?
2.   To be referred to the reporter or not?                     NO
3.   Whether the judgment should be reported in                 NO
     the Digest?


ANIL KUMAR, J.

*

IA No.4665/2009

This is a joint application by plaintiffs and defendants for

decreeing the suit in terms of the settlement arrived at between the

parties.

The terms of settlement are incorporated in the application.

Under the settlement, the defendants has undertaken to the plaintiffs

that they will purchase the legal softwares of the plaintiffs as detailed in

Schedule A annexed with the application which is signed by the

defendant No.1. The defendants have also issued post-dated cheques

for the purchase of plaintiffs' software. The defendants have also

represented to the plaintiffs that they shall hand over the copy of the

purchase order and the proof of the purchase of the softwares of the

plaintiffs.

The defendants have also agreed to pay a sum of Rs.1.50 lakh to

the plaintiff which amount has already been paid in the name of

"Saikrishna & Associates" attorney of the plaintiffs.

The plaintiffs have agreed to release the computer systems which

were seized by the Local commissioner during the execution of order

dated 16th February, 2009. The sealed computers are with the

defendants as a superdar and consequent to the settlement, the sealed

computers are to be released to the defendants and their superdari of

the computer is to be discharged. The defendants have also agreed

that for a period of five calendar years they will allow unannounced

audit of the softwares of the plaintiffs on the computer systems of the

defendants.

The application is signed by the plaintiffs and defendants or their

authorised representatives and their respective counsel and is

supported by the affidavit of Mr.Vishal Ahuja, constituted attorney of

the plaintiff companies and defendant No.1 and Managing Director of

defendant No.3, 4, 5, 6, 7, 8, 9 and 10 and the affidavit of defendant

No.2.

There does not seem to be any impediment in allowing the

settlement arrived at between the parties pursuant to which the

defendants have represented to the plaintiff and the representations

made by defendants to the plaintiff have been accepted by them.

Consequently, the application is allowed and the parties are

permitted to compromise the suit in terms of the settlement arrived at

between the parties.

CS(OS) No.320/2009

The parties have settled their disputes in terms of settlement

incorporated in IA No.4665/2009 which has since been allowed. Under

the settlement, the defendants have given post-dated cheques towards

the purchase of the legal softwares of plaintiffs which are detailed in

Annexure A annexed with IA No.4665/2009. Defendants have also paid

the legal cost and the plaintiffs have also agreed to release the computer

systems which were sold. Consequently, the computer systems which

were sealed and which are under the superdari of defendants are

released to the defendants forthwith and the superdari of defendants of

the computer systems is discharged.

The suit of the plaintiff is, therefore, decreed in terms of the

settlement arrived at between the parties in IA No.4665/2009. Decree

sheet be drawn where IA No.4665/2009 shall form part of the decree.

Parties are left to bear their costs. All the pending applications are also

disposed of.

IA No.4666/2009

This is an application for refund of the amount directed to be

deposited by this Court pursuant to order dated 16th February, 2009.

An amount of Rs.50,000/- was deposited by the counsel for the plaintiff

by Cheque No.010726 drawn in favour of Registrar General drawn on

The Hongkong and Shanghai Banking Corporation Ltd.

Since the matter has already been settled by the parties, the

amount of Rs.50,000/- deposited by and on behalf of plaintiff be

released in favour of the counsel for the plaintiffs "Saikrishna &

Associates" by issuing an appropriate instrument. The amount be paid

forthwith.

The application is disposed of.

Dasti.

April 08, 2009                                        ANIL KUMAR, J.
'Dev'