Telefonaktiebolaget Lm ... vs Mercury Electronics & Anr
2018 Latest Caselaw 839 Del

$~16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(COMM) 155/2017 & CC(COMM) 83-90/2017, CCP(O)
       71/2015, CCP(O) 7/2017, I.As. 7690/2016, 8278/2016,
       8808/2016, 9972/2016, 11332/2016, 11695/2016, 12393/2016,
       12402/2016, 15482/2016, 2187-2188/2017, 10960/2017,
       11739/2017, 12026/2017


       TELEFONAKTIEBOLAGET
       LM ERICSSON(PUBL)                 ..... Plaintiff
                    Through Mrs.Saya Choudhary,
                            Mr.Ashutosh Kumar,
                            Mr.Aditya Jayaraj,
                            Mr.Devanshu Khanna,
                            Mr.Prateek Sehrawat,
                            Mr.Nikhil Chawla and
                            Mr.Saksham Garg, Advocates.

                        versus

       MERCURY ELECTRONICS & ANR           ..... Defendants
                   Through  Mr.Ashok K Aggarwal with
                            Mr.Samrat Nigam, Ms.Snigdha
                            Sharma, Ms.Ritwik Sneha and
                            Mr.Gaurav Priyadarshi,
                            Advocates for D-2.


%                          Date of Decision: 05th February, 2018


CORAM:
HON'BLE MR. JUSTICE MANMOHAN




CS (COMM) 155/2017                                    Page 1 of 4
                            JUDGMENT

MANMOHAN, J: (Oral)

I.A.Nos.1698/2018 & 1623/2018

1. While I.A.No.1698/2018 has been filed on behalf of the plaintiff under Order XXIII Rule 1 read with Section 151 CPC, I.A.No.1623/2018 has been filed on behalf of defendant no.2 for withdrawal of the counter-claims filed by it and for release of deposits made pursuant to the interim orders.

2. Learned counsel for the parties state that during the pendency of the present proceedings, the plaintiff and defendant no.2 have entered into a Global Patent License Agreement dated 26th January, 2018 and in light of its execution, the parties have put an amicable end to their disputes. Learned counsel for the parties state that the parties have agreed to withdraw all their pending disputes between them including the present suit, counter-claims, contempt petitions as well as applications.

3. Learned counsel for the parties are ad idem that the amounts deposited in Court be released to the parties in accordance with paragraphs 4, 5 and 8 of I.A.No.1698/2018. Paragraphs 4, 5 and 8 are reproduced hereinbelow:-

"4. It is further submitted that pursuant to the order dated 15.12.2015 passed by this Hon‟ble Court, in CCP No.71/2015, the respondent no.2 therein („Yu Televentures‟) has deposited certain amounts with the Registrar General of

the Hon‟ble Delhi High Court. Further, the plaintiff in accordance with the said orders of this Hon‟ble Court has furnished Bank Guarantees, being SBI BG No.:0999616FG0000175 for INR 5,84,99,488 and BG Ref No: INDB603075 DIS for INR 2,04,45,611. The said Bank Guarantees have been accepted by the Ld. Registrar of this Hon‟ble Court vide orders dated 15.07.2016 and 30.10.2017 respectively and the Registry was directed to transfer the respective amounts to the account of the plaintiff.

5. It is humbly submitted that despite the aforesaid, till date the said amounts have not been transferred to the account of the plaintiff. Accordingly, the plaintiff prays that the said amounts be directed to be released forthwith in favour of the plaintiff to the following account:

Beneficiary: Telefonaktiebolaget LM Ericsson SE - 164, 83 Stockholm, Sweden.

Bank: Skandinaviska Enskilda Banken, Stockholm, Sweden.

Bank Address: Kungstradgardsgatan 8, SE-106 40, Stockholm, Sweden.

       IBAN: SE81 5000 0000 0574 6821 2767

       Account No: 5746-8212767

       BIC Code: ESSESESS

       PAN No: AABCT8607Q

                     xxx         xxx          xxx

8. It is further submitted that in terms of the settlement, the parties have agreed that the amount of (i) INR 57,52,98,192,

(ii) INR 3,06,00,000 and (iii) INR 21,49,44,180 that have been deposited by the defendant no.2 and Yu Televentures

with the Registrar of the High Court, New Delhi are to be released in their favour along with interest."

4. Keeping in view the averments in both the applications, the plaintiff is permitted to withdraw the present suit along with pending applications as well as contempt petitions in pursuance to the Global Patent License Agreement dated 26th January, 2018 entered into between the parties with liberty to initiate appropriate legal proceedings in the event a fresh cause of action arises.

5. The defendant no.2 is also permitted to withdraw the counter- claims being CC Nos.56-63/2013, now converted into commercial suits being CC(COMM) Nos.83-90/2017.

6. Registry is directed to release the amounts lying with the Registry to the respective parties as stipulated in paragraphs 4, 5 and 8 of I.A.No.1698/2018 (as reproduced hereinabove) as well as to release all bank guarantees furnished by the parties within a period of one week.

7. List the matter before the Registrar General for release of the amounts on 13th February, 2018.

MANMOHAN, J FEBRUARY 05, 2018 KA