Adobe Systems Inc & Others vs Ms.Asha Pandey And Another
2009 Latest Caselaw 463 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           CS(OS) No.2605/2008

%                       Date of Decision: 09.02.2009

Adobe Systems Inc & Others                            .... Plaintiffs
                    Through Mr.Nitin Sharma, Advocate

                                  Versus

Ms.Asha Pandey and another                         .... Defendants
                   Through Mr.Vijay Thakur, 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.1842/2009

This is an application under Order XXIII Rule 3 read with Section

151 of Code of Civil Procedure by the parties for decreeing the suit in

terms of settlement arrived at between the parties. The terms of

settlement are incorporated in the application.

Learned counsel for the parties state that in terms of settlement

an amount of Rs.3.00 lakh has been paid to the plaintiffs through

Saikrishna & Associates, attorney of the plaintiffs, which amount has

since been received by the plaintiffs.

The application is signed by the constituted attorney of the

plaintiffs and by defendants No.1 and 2 and their authroised

representative. Defendants have also agreed to purchase the licensed

software as detailed in Schedule A annexed with the application from

the plaintiffs. The application is supported by the affidavits of

Mr.Vishal Ahuja, constituted attorney of plaintiffs and Ms.Asha Pandey,

defendant No.1, for herself and as Chairman & Managing Director of

defendant No.2.

Considering the terms of settlement arrived at between the

parties, there does not seem to be any impediment in allowing with

settlement between the parties. Consequently, the application is

allowed.

CS(OS) No.2605/2008

The parties have settled their disputes in terms of settlement

incorporated in IA No.1842/2009 which has been allowed.

Consequently, the suit of the plaintiff is decreed in terms of settlement

arrived at between the parties in IA No.1842/2009. Decree sheet be

drawn where IA No.1842/2009 shall form part of the decree. All the

pending applications are also disposed of. Parties are left to bear their

own costs.

The next date, i.e., May 11, 2009, is cancelled in the facts and

circumstances.

February 09, 2009                                   ANIL KUMAR, J.
'Dev'