Adobe Systems Incorporated & Anr. vs Mr. Dhariwal And Ors.
2015 Latest Caselaw 4792 Del

28
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+    CS(OS) 971/2009 and IAs No.7039-40/2009 and 7042/2009
     ADOBE SYSTEMS INCORPORATED & ANR.          ..... Plaintiffs
                   Through : Ms. Aarshia Behl, Advocate

                       versus

     MR. DHARIWAL AND ORS.                     ..... Defendants
                   Through : Mr. Vivek Narayan, Advocate
                   for D-1 and 3 to 5.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 07.07.2015 I.A. NO.13250/2015 (by the plaintiff u/O I R-10 CPC)

1. The present application has been filed by the plaintiffs seeking

permission to delete the name of defendant No.2 from the array of

defendants.

2. Counsel for the plaintiffs states that the defendant No.2 is no

longer employed with the defendant No.3/company and therefore

permission is sought to delete the said defendant from the array of

defendants.

3. Counsels for both the parties jointly state that in any case, they

have now arrived at a negotiated settlement and have filed an

application under Order XXIII Rule 3 CPC.

4. Notice. Counsel for the defendants No.1 and 3 to 5 accepts

notice and confirms the fact that the defendant No.2 has left the

services of the defendant No.3/company and the remaining defendants

have no objection to the deletion of the name of the said defendant

from the array of defendants.

5. In view of the submission made by the counsel for the

defendants, the present application is allowed and the name of the

defendant No.2 is deleted from the array of defendants. The

amended memo of parties enclosed with the application is taken on

record. The same shall be placed in part-I file.

6. The application is disposed of.

I.A.No.13251/2015 (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 proceedings, they have

arrived at an out of court negotiated settlement.

2. The terms and conditions of the settlement have been recorded

in para 2 of the application, whereunder the defendants have given a

series of undertakings to the plaintiffs and in terms of the said

undertakings, the plaintiffs have agreed that they shall not press for

the relief in prayer clause 35 (b) to (e) of the plaint.

3. Counsels for the parties jointly state that the suit may be

decreed in terms of the settlement recorded in the present application

and prayer clause 35(a) of the plaint.

4. The court has perused the present application. The same has

been signed by the constituted attorney of the plaintiffs and the

authorized signatories of the defendants No.3 to 5 and their respective

counsels. The application is supported by the affidavits of the

signatories to the application. Enclosed with the application is a true

copy of the resolution of the Board of Directors of the defendants No.3

to 5 authorizing the signatory of the application to sign and submit the

same.

5. As the counsels for the plaintiffs and the defendants 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 parties shall remain bound by the terms and

conditions of the settlement. The terms and conditions contained in

the application shall form a part of the decree.

6. The suit is decreed in terms of the settlement arrived at and

recorded in para 2 of the application and prayer clause 35(a) of the

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

7. The application is allowed and the suit is disposed of, along with

the pending applications.

8. The date fixed in the suit, i.e., 3.8.2015 stands cancelled.

9. File be consigned to the record room.

HIMA KOHLI, J JULY 07, 2015 sk/ap