Siemens Product Lifecycle ... vs Sanjay Gupta & Ors
2015 Latest Caselaw 8108 Del

$~33
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1729/2015 & IA No.12153/2015
       SIEMENS PRODUCT LIFECYCLE MANAGEMENT SOFTWARE INC &
       ANR                                            ..... Plaintiff
                     Through : Mr. Amlan S. Roy, Advocate

                          versus

       SANJAY GUPTA & ORS                          ..... Defendants
                      Through : Mr. Vipin Tyagi, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 28.10.2015 IA No.22692/2015 (joint application u/O XXIII R-3 CPC)

1. The present compromise application has been filed by the

parties stating inter alia that during the pendency of the suit, they

have arrived at an out of court settlement.

2. The terms and conditions of the settlement have been set out in

para 2 of the application, whereunder the defendants have

acknowledged the plaintiffs to be the owners of the copyright in the

software programmes developed and marketed by them and they have

agreed to purchase two software licenses from the plaintiffs. In view

of the settlement arrived at between the parties, the plaintiffs have

agreed that they have no objection if the computer systems taken into

custody by the Local Commissioner during the execution proceedings,

are released in favour of the defendants. Counsels for the parties state

that the suit may be decreed in terms of the settlement recorded in

the application and prayer (A) of the plaint.

3. The Court has pursued the present application. The same has

been signed by the authorized/constituted attorneys of the plaintiffs

and the defendants and their respective counsels. The application is

supported by the affidavits of the signatories to the application.

4. As counsels for the plaintiffs and the defendants 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

settlement. The settlement is taken on record. The parties shall

remain bound by the terms and conditions of the settlement recorded

in the application.

5. The defendants shall be at liberty to use the computer systems

that were sealed by Local Commissioner. However, before using the

same, they shall delete the unlicensed software programmes installed

in the said computer systems.

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

recorded in the application and in terms of prayer (A) of the plaint,

while leaving the parties to bear their own costs.

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

8. The date already fixed in the case, i.e., 1.12.2015, stands

cancelled.

9. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 28, 2015 sk/ap