The Foundry Visionmongers Ltd. vs Laxmikant Jeswara & Anr.
2015 Latest Caselaw 6587 Del

31
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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3784/2014 & IA No.24650/2014
      THE FOUNDRY VISIONMONGERS LTD.                        ..... Plaintiff
                    Through: Mr. Ravin Galgota and
                    Ms.Krutika Vijay, Advocates

                        versus

      LAXMIKANT JESWARA & ANR.                    ..... Defendants
                    Through: Mr. Kartik Prasad, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 03.09.2015

I.A. 18361/2015 (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, they have been able to

arrive at an out of court amicable settlement, the terms and

conditions whereof have been set out in paras 1 to 10 of the

application.

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

the defendants have acknowledged the plaintiff to be the owner and

proprietor of all the intellectual property rights in their software

programmes and have given a series of undertakings to the plaintiff.

The defendants have also agreed to pay a sum of Rs.16,28,550/- to

the plaintiff, which amount is stated to have already been tendered to

the plaintiff.

3. In consideration of the undertakings given by the defendants,

the plaintiff has agreed to forego its claims for damages, delivery up

and rendition of accounts, as prayed for in para 51(ii), (iii) and (iv).

4. Counsels for the parties state that the suit may be decreed in

terms of the settlement recorded in the present application and prayer

51(i) of the plaint.

5. The Court has heard the counsels for the parties and examined

the averments made in the application. The same has been signed by

the authorized signatory/constituted attorney of the plaintiff and the

defendants, and their respective counsels and the same is duly

supported by the affidavits of the signatories.

6. As counsels for the parties 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 said settlement. The

parties shall remain bound by the terms and conditions of the

settlement recorded in the application.

7. The suit is decreed in terms of the settlement recorded in the

application and prayer clause 51(i) of the plaint, while leaving the

parties to bear their own expenses.

8. At this stage, learned counsel for the plaintiff states that in view

of the fact that the parties have arrived at an out of court settlement

before the stage of framing of issues, the plaintiff is entitled to claim

refund of the court fees in terms of Section 16 of the Court Fees Act.

9. In view of the aforesaid submission made by the counsel for the

plaintiff, the Registry is directed to issue a certificate in favour of the

plaintiff for refund of the court fees, as per law.

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

File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 03, 2015 mk