THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 04.01.2008 + IA No. 12/2008 & CS (OS) 2455/2007 AUTODESK, INC. & ANOTHER ......Plaintiffs - versus - MR SANJAY WADWA & ANOTHER ......Defendants Advocates who appeared in this case: For the Plaintiffs : Mr Ankush Mahajan For the Defendants : Mr Nand Kishore. CORAM:- HON'BLE MR JUSTICE BADAR DURREZ AHMED 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in Digest? BADAR DURREZ AHMED, J (ORAL) 1. This is an application under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 for recording the terms and conditions of compromise that have been arrived at between the parties and for decreeing the suit in terms of paragraph 33(a) of the plaint in favour of the plaintiffs and against the defendants. IA NO. 12/2008 & CS(OS) 2455/2007 Page No.1 of 4 2. The plaintiffs had instituted the present suit against the defendants for, inter alia, infringement of copyright in respect of the plaintiffs software, namely, AutoCAD LT 2008, AutoCAD Revit Architecture Suite 2008 and Autodesk 3ds max 2008. The said software was being used by the defendants at their office premises without obtaining a licence from the plaintiffs. However, during the pendency of the suit, it has been settled between the parties that the defendants shall make full payment for the use of the software by obtaining of the licences in respect thereof. All the amounts have already been paid by demand drafts as well as by post dated cheques as indicated in para 2(d) of the application. The defendants have also unconditionally regreted their use of the unlicenced software of the plaintiffs. It has also been agreed that in the event of breach of any of the payment terms or any other terms of the present settlement, the plaintiffs would be entitled to forthwith and without any notice, terminate the present settlement and pursue appropriate legal remedies available to them. IA NO. 12/2008 & CS(OS) 2455/2007 Page No.2 of 4 3. The application has been signed by defendant No.1 (Mr Sanjay Wadwa) who is the Managing Director of the defendant No.2 (SWBI Architects Pvt Ltd). It is also signed by Mr Vishal Ahuja who is the constituted attorney of the plaintiffs. The respective counsel for the parties have also signed this application which contains the terms of the settlement between the parties. The application is marked as Exhibit C-1. It is also supported by affidavits of the said Mr Sanjay Wadwa and Mr Vishal Ahuja. 4. I have examined the terms of the settlement arrived at between the parties and I am satisfied that the same are lawful. Consequently, the settlement is taken on record. The suit is decreed in terms thereof and, particularly, in terms of paragraph 33(a) of the plaint. The computer systems of the defendants, which had, by way of an interim order dated 14.12.2007, been sealed is directed to be released to the defendants. The said computer systems would be used in accordance with the IA NO. 12/2008 & CS(OS) 2455/2007 Page No.3 of 4 terms of the settlement between the parties, particularly, with respect to the software of the plaintiffs. 5. The suit stands decreed accordingly. Exhibit C-1 shall form part of the decree. The next date fixed in the matter stands cancelled. This application, the suit and all other pending applications stand disposed of. BADAR DURREZ AHMED (JUDGE) January, 04. 2008 M IA NO. 12/2008 & CS(OS) 2455/2007 Page No.4 of 4