Autodesk Inc And Ors vs Sudesh Rai Andanr
2015 Latest Caselaw 6276 Del

$~40.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 1662/2013
     AUTODESK INC & ORS                        ..... Plaintiffs
                    Through: Ms. Arundhati Gopal, Advocate

                        versus

      SUDESH RAI & ANR                           ..... Defendants
                     Through: Mr. Ankur Goel, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 25.08.2015

I.A. 17276/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the suit, they have been able to

arrive at an out of court negotiated settlement, the terms and

conditions whereof have been set out in para 4 of the application.

2. Counsels for the parties state that the defendants have given a

series of acknowledgements/undertakings to the plaintiffs and in lieu

thereof, the plaintiffs have agreed to withdraw the contempt petition

filed against the defendants and forgo the reliefs prayed for in prayer

clause 41(B) (C) and (D) of the plaint. Further, the defendants have

agreed to pay a sum of Rs.5 lacs to the plaintiffs towards the litigation

expenses.

3. Counsel for the defendants hands over a demand draft bearing

No.000060 dated 10.08.2015 drawn on HDFC Bank in favour of the

counsel for the plaintiffs for a sum of Rs.5 lacs, which is duly accepted.

Counsels for the parties jointly state that the suit may be decreed in

terms of the settlement recorded in the present application.

3. The Court has heard the counsels for the parties and examined

the averments made in the application. The same has been signed by

the plaintiffs and the defendants through their constituted

attorney/authorised signatory as also their respective counsels and is

duly supported by the affidavits of the signatories to the application.

4. 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

parties shall remain bound by the terms and conditions of the

settlement recorded in the application.

5. The suit is decreed in terms of the settlement recorded in the

application, while leaving the parties to bear their own expenses.

6. The suit is disposed of, along with the pending application.

7. File be consigned to the record room.

HIMA KOHLI, J AUGUST 25, 2015 rkb/ap