Eyeon Software Inc vs K Anburaja & Anr
2015 Latest Caselaw 1757 Del

$~23.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 2059/2013 and I.A. 17133/2013, 9908/2014
     EYEON SOFTWARE INC                      ..... Plaintiff
                  Through: Mr. Amod Singh, Advocate

                       versus


     K ANBURAJA & ANR                   ..... Defendants
                   Through: Ms. Jhuma Bose, Advocate for D-1
                   and D-2.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 27.02.2015

1. At the outset, counsel for the plaintiff states that he may be

permitted to delete the name of the defendant No.1 from the array of

the parties, to which the other side does not have any objection.

2. Accordingly, the name of defendant No.1 is deleted from the

array of the parties. The plaintiff shall file an amended memo of

parties within two days.

3. Pursuant to the parties being referred to the Delhi High Court

Mediation and Conciliation Centre, they have arrived at a settlement

as recorded in the Settlement Agreement dated 19.02.2015. Counsels

for the parties state that the terms and conditions of the settlement

have been set out in para 6 of the Settlement Agreement, whereunder

the defendant No.2 has given certain undertakings to the plaintiff.

Further, the defendant No.2 has agreed to pay a sum of `3,50,000/-

to the plaintiff in full and final settlement of all its claims against the

defendant. Counsels for the parties confirm that the defendant No.2

has paid the aforesaid amount to the plaintiff. Counsel for the plaintiff

states that in view of the settlement arrived at between the parties,

the plaintiff gives up the reliefs of rendition of accounts, damages,

costs. etc.

4. Counsels for the parties jointly state that the Settlement

Agreement dated 19.02.2015 be taken on record and the suit be

decreed in terms of prayer clause 29(i) of the plaint.

5. The Court has perused the Settlement Agreement. The same has

been signed by the plaintiff and the Managing Director of the

defendant No.2/company as also their respective counsels and the

learned Mediator. Enclosed with the Settlement Agreement is the

Power of Attorney executed by the constituted attorney of the plaintiff

in favour of the signatory to the Settlement Agreement. A certified

copy of the Resolution passed by the Board of Directors of the

defendant No.2/company in favour of the Managing Director of the

said company has been filed with the Settlement Agreement.

6. As the counsels for the plaintiff and the defendant jointly state

that they 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

settlement. The Settlement Agreement is taken on record and the

parties shall remain bound by the terms and conditions thereof.

7. The suit is decreed in terms of prayer clause 29(i) of the plaint

and the terms and conditions of the Settlement Agreement, while

leaving the parties to bear their own expenses.

8. The suit is disposed of alongwith the pending applications.

HIMA KOHLI, J FEBRUARY 27, 2015 rkb