Siemens Product Lifecylce ... vs M.V Ashok & Anr
2015 Latest Caselaw 647 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 1797/2014 & IAs No.11346-47/2014

                                                   Decided on : 22.01.2015

IN THE MATTER OF:
SIEMENS PRODUCT LIFECYLCE MANAGEMENT SOFTWARE INC
& ANR                                               ..... Plaintiffs
                   Through : Mr. Arjun Ranganathan, Advocate

                        versus
M.V ASHOK & ANR                                ..... Defendants
                        Through : Mr. Abhimanyu Walia, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.(Oral)
I.A.No.1578/2015 (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 present proceedings, they have

arrived at an out of court settlement. The terms and conditions of the

settlement are set out in para 2 of the application.

2. Counsels for the parties state that in terms of the settlement arrived

at between the parties, the defendants have purchased two licences in

respect of the plaintiffs' software and have undertaken to delete the hard

drives of the seized computer systems of all illegal/pirated/unlicenced

software of the plaintiffs. The remaining terms and conditions of the

settlement have also been detailed in the application.

3. The Court has perused the application. The same has been signed

by the authorized representatives of the plaintiffs No.1 & 2 and the

defendants No.1 & 2, as also by their respective counsels. The application

is supported by the affidavits of the authorized signatories of the plaintiffs

and the defendant No.1 in person and as Director of the defendant

No.2/company.

4. As the counsels for the parties state that the parties 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 same. The parties shall

remain bound by the terms and conditions of the settlement.

5. The application is allowed and the suit is decreed in terms of the

said settlement. The suit is disposed of, along with the pending

applications, while leaving the parties to bear their own costs.

6. The date already fixed in the case, i.e., 5.2.2015, stands cancelled.

7. File be consigned to the record room.

                                                      (HIMA KOHLI)
JANUARY 22, 2015                                         JUDGE
sk/rkb