Sap Ag & Anr vs Sudhanshu Malhotra & Ors
2015 Latest Caselaw 9259 Del

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

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