Parametric Technology ... vs Anil Thode & Anr.
2017 Latest Caselaw 5420 Del

$~10

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                Judgment delivered on: 25.09.2017

+      CS(OS) 3126/2011 & I.A. 20063/2011
PARAMETRIC TECHNOLOGY
CORPORATION & ANR                                         ..... Plaintiffs
                                 versus

ANIL THODE & ANR                                          ..... Defendants

Advocates who appeared in this case:

For the Petitioner        : Mr. Ravin Galgotia, Adv.

For the Respondent        : Mr. Amith J., and Mr. C.B. Guru Raaj, Advs.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

25.09.2017 SANJEEV SACHDEVA, J. (ORAL)

1. The plaintiff has filed this Suit for permanent injunction thereby

restraining the defendants for infringing the copyright of the plaintiff

in the software of the plaintiff under the name PRO E.

2. The parties were referred to mediation vide order dated

27.02.2017.

3. The parties have settled their disputes through the process of

mediation and Settlement Agreement dated 21.08.2017 has been

executed between the parties.

4. Settlement Agreement is signed by the authorized

representatives of the plaintiff as well as the defendant and also by

their respective counsels. The Settlement Agreement is marked as

Exhibit -C1.

5. The terms of the settlement are recorded in clauses A to F of the

Settlement Agreement Exhibit -C1.

6. I have perused the terms of the settlement and find the same to

be lawful. The undertaking given by the defendant in the said

settlement is also accepted.

7. In view of the above, the suit is decreed in terms of the

Settlement Agreement Exhibit C-1.

8. Decree Sheet be drawn up. Settlement Agreement Exhibit C-1

shall form part of the decree.

9. Parties shall bear their own costs.

10. Since the settlement has taken placed through the process of

mediation, the plaintiff is entitled to refund of appropriate court fees

in accordance of law.

11. Registry is accordingly directed to issue a certificate to enable

the plaintiff to seek refund of the appropriate court fees from the

concerned authority.

SANJEEV SACHDEVA, J SEPTEMBER 25, 2017 'rs'