Autodesk Inc & Anr vs Manoj Das & Anr
2015 Latest Caselaw 8162 Del

$~24
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 926/2015 & IA No.6932/2015
       AUTODESK INC & ANR                         ..... Plaintiffs
                     Through : Ms. Aarshia Behl, Advocate

                        versus

       MANOJ DAS & ANR                          ..... Defendants
                     Through : Ms. Bhabna Das, Advocate with
                     D-1 in person.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 29.10.2015 I.A. No.22812/2015 (joint application u/O XXIII R 3 CPC)

1. The present application has been filed jointly by the parties

stating inter alia that they have been able to negotiate a settlement

through the Delhi High Court Mediation and Conciliation Centre. A

Settlement Agreement dated 28.9.2015 has been enclosed with the

application and marked as Annexure-A.

2. The details of the terms and conditions of the settlement have

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

defendants have undertaken to use only the licensed software of the

plaintiffs and have agreed to purchase software licenses worth

Rs.19,03,161/- from the plaintiffs.

3. Counsels for the parties state that 50% of the aforesaid amount

has already been received by the plaintiffs and a Demand Draft for the

balance amount of Rs.9,51,581/- is handed over by the counsel for the

defendants to the counsel for the plaintiffs, which is duly accepted by

her.

4. Counsels for the parties state that in view of the settlement

arrived at between the parties, the suit may be decreed.

5. The Court has pursued the Settlement Agreement 28.9.2015.

The same has been signed by the constituted attorney of the plaintiffs

and the Managing Director of the defendants and their respective

counsels as also by the learned Mediator. The present application has

also been signed by the constituted attorney of the plaintiffs and the

Managing Director of the defendants and their respective counsels.

The application is supported by the affidavits of the signatories to the

application.

6. 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 parties shall remain bound by the terms and

conditions of the settlement recorded in the Settlement Agreement

dated 28.9.2015.

7. In view of the settlement recorded herein above, the defendants

shall be at liberty to de-seal the computer systems that were sealed

by the Local Commissioner in terms of the directions issued by this

Court and use the same after removing the infringing software

programmes installed therein.

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

recorded in the Settlement Agreement dated 28.9.2015, while leaving

the parties to bear their own costs.

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

10. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 29, 2015 sk