N 37 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 229/2011 ADOBE SYSTEMS INC & ORS Plaintiff Through:Mr.J.Sai Deepak, advocate. versus AMOL GANGURDE & ANR Defendant Through:Mr.T.Srinisasan Maurthy, advocate CORAM: HON'BLE MS. JUSTICE GITA MITTAL ORDER % 29.04.2011 I.A. 6767/2011 (Under Order 23 Rule 3 CPC) 1. This application has been jointly filed by the parties under Order 23 rule 3 of the CPC placing a settlement arrived at between them on record. The application is signed by Mr. Vishal Ahuja, the constituted attorney of the plaintiffs; Mr.Amol Gangurde, defendant no.l and Mr.Santosh B.Katakol, authorised signatory of defendant no.2. The application is supported by their respective affidavits. It is also singed by the respective counsels for the parties. 2. The signatures of the parties on the application and affidavits are identified by learned counsels representing them. The parties have enclosed as Schedule A, the details of the software titles as well as number of copies thereof for which the defendants have agreed to purchase in terms of the settlement. Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified : 2 : So far as the authority of Mr.Santosh Katai<ol is concerned, the applicants alongwith this application have placed a copy of the extract of the meeting of the Board of Directors of defendant no.2 dated 4'^ March, 2011 authorising him to sign the compromise application on behalf of defendant no.2. 3. The terms of settlement between the parties has been mentioned in paras 2(a) to 2(k) of the said application. The parties are agreed to remain bound by the terms of the settlement. The defendants have given an undertaking also to this effect. 4. The settlement between the parties appears to be voluntary, bonafide and entered into without any kind of force, pressure, coercion or influence. There is no legal impediment for taking the same on record. In view of the above, it is directed as follows (i) The undertakings given by the defendants in the application are accepted and they shall remain bound by the same. (ii) The settlement between the parties is taken on record. This application is allowed in the above terms. CS(OS) no.229/2011 5. Having regard to the settlement which has been placed on record by the parties by way of I.A. No.6767/2011, which has been accepted, vide order passed today, the suit of the plaintiff stands : 3 : decreed against defendants on terms set out in para no. 2 (a) to 2 (k) thereto which shall form part of the decree. 7. Learned counsel for the defendants have handed over a bank draft for a sum of Rs.8,00,000/- in favour of M/s. Saikrishna and Associates to the learned counsel for plaintiffs in terms of the settlement between the parties. 8. The suit is decreed in the above terms. 9. The decree sheet in terms of the above shall be drawn up by the Registry. lA No. 1546/2011 In view of the orders passed today, this application is rendered infructuous and is disposed of as such. APRIL 29, 2011(rds). GITi/MITTALtJ