CS(OS) No.320/2009 Page 1 of 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.320/2009 % Date of Decision: 08.04.2009 Adobe Systems Incorporated & Another …. Plaintiffs Through Ms.Aarshia Behl, Advocate Versus Mr.A. Ray and others …. Defendants Through Mr.Vijay K. Singh, Advocate CORAM: HON’BLE MR. JUSTICE ANIL KUMAR 1. Whether reporters of Local papers may be allowed to see the judgment? YES 2. To be referred to the reporter or not? NO 3. Whether the judgment should be reported in the Digest? NO ANIL KUMAR, J. * IA No.4665/2009 This is a joint application by plaintiffs and defendants for decreeing the suit in terms of the settlement arrived at between the parties. The terms of settlement are incorporated in the application. Under the settlement, the defendants has undertaken to the plaintiffs that they will purchase the legal softwares of the plaintiffs as detailed in Schedule A annexed with the application which is signed by the defendant No.1. The defendants have also issued post-dated cheques for the purchase of plaintiffs’ software. The defendants have also CS(OS) No.320/2009 Page 2 of 4 represented to the plaintiffs that they shall hand over the copy of the purchase order and the proof of the purchase of the softwares of the plaintiffs. The defendants have also agreed to pay a sum of Rs.1.50 lakh to the plaintiff which amount has already been paid in the name of “Saikrishna & Associates” attorney of the plaintiffs. The plaintiffs have agreed to release the computer systems which were seized by the Local commissioner during the execution of order dated 16th February, 2009. The sealed computers are with the defendants as a superdar and consequent to the settlement, the sealed computers are to be released to the defendants and their superdari of the computer is to be discharged. The defendants have also agreed that for a period of five calendar years they will allow unannounced audit of the softwares of the plaintiffs on the computer systems of the defendants. The application is signed by the plaintiffs and defendants or their authorised representatives and their respective counsel and is supported by the affidavit of Mr.Vishal Ahuja, constituted attorney of the plaintiff companies and defendant No.1 and Managing Director of defendant No.3, 4, 5, 6, 7, 8, 9 and 10 and the affidavit of defendant No.2. There does not seem to be any impediment in allowing the settlement arrived at between the parties pursuant to which the CS(OS) No.320/2009 Page 3 of 4 defendants have represented to the plaintiff and the representations made by defendants to the plaintiff have been accepted by them. Consequently, the application is allowed and the parties are permitted to compromise the suit in terms of the settlement arrived at between the parties. CS(OS) No.320/2009 The parties have settled their disputes in terms of settlement incorporated in IA No.4665/2009 which has since been allowed. Under the settlement, the defendants have given post-dated cheques towards the purchase of the legal softwares of plaintiffs which are detailed in Annexure A annexed with IA No.4665/2009. Defendants have also paid the legal cost and the plaintiffs have also agreed to release the computer systems which were sold. Consequently, the computer systems which were sealed and which are under the superdari of defendants are released to the defendants forthwith and the superdari of defendants of the computer systems is discharged. The suit of the plaintiff is, therefore, decreed in terms of the settlement arrived at between the parties in IA No.4665/2009. Decree sheet be drawn where IA No.4665/2009 shall form part of the decree. Parties are left to bear their costs. All the pending applications are also disposed of. IA No.4666/2009 This is an application for refund of the amount directed to be deposited by this Court pursuant to order dated 16th February, 2009. CS(OS) No.320/2009 Page 4 of 4 An amount of Rs.50,000/- was deposited by the counsel for the plaintiff by Cheque No.010726 drawn in favour of Registrar General drawn on The Hongkong and Shanghai Banking Corporation Ltd. Since the matter has already been settled by the parties, the amount of Rs.50,000/- deposited by and on behalf of plaintiff be released in favour of the counsel for the plaintiffs “Saikrishna & Associates” by issuing an appropriate instrument. The amount be paid forthwith. The application is disposed of. Dasti. April 08, 2009 ANIL KUMAR, J. ‘Dev’