-· % 05.05.2009 Present: Mr.Pravin Anand and Mr.Manish Mehra, Advocates for the plaintiffs. Mr.Rakesh Munjal and Mr.Ankur Arora, Advocates for the defendants. + lA No.6011/2009 in CS(OS) No.756/2009 \\ This is an application by the plaintiffs and the defendants under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure for passing a decree against the defendants in terms of the · settlement arrived at between the parties, the terms of which are incorporated in the application. Under the settlement the defendants have acknowledged the plaintiffs to be the owners/proprietors of all the intellectual propertY rights in the software of the plaintiff and defendants have also acknowledged that they had infringed the copyrights of the plaintiff and they have undertaken to the plaintiffs that they shall not infringe the copyright of the plaintiff in any manner and will abide by the terms of the end user License Agreements and pertinent product use rights in the software. The defendants have also made honest and fair assessment of their requirement of the plaintiffs software which is incorporated in Annexure-A. The defendants have agreed to purchase the said software programmes detailed in stipulated in the application. Defendant No.2 has undertaken to pay a sum of Rs.12 lakhs to the CS(OS) No.756/2009 Page 1 of 3 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 plaintiff by 5th May, 2009 and defendant No.3 has also undertaken to the plaintiff to pay a sum of Rs.l6 lakhs by the end of 5th May, 2009 towards litigation and other costs as suffered by the plaintiff. The cost shall be paid by defendant Nos.2 and 3 in the name of "Anand & Anand" at New Delhi as agreed between the parties. The defendants have also agreed that they will have no :tf objection to remittance of the amount by the plaintiff No.2 to plaintiff No.1 in accordance with rules of the Reserve Bank of India or any other relevant rule. The defendants have also agreed to give audit of their computer programme to plaintiff for a period of five years. The plaintiffs have agreed to release the computer systems which were seized by the Local Commissioner for use by the defendants subject to the defendants deleting the hard drives of their seized computers of all illegal/pirated unlicensed softwares of plaintiff. The application is signed by the parties or their authorized representatives and counsel for the parties and is supported by the affidavit of Captain Shivinder Bakshi, Managing Director of the defendant No.2, Sh.Acuthan Sreekumar, the constituted attorney of the plaintiff. Considering the terms and conditions of settlement, there does not seem to be any impediment in allowing the application and decreeing the suit of the plaintiff against the defendants in terms of CS(OS) No.756/2009 Page 2 of3 settlement arrived at between the parties. The application IS therefore, allowed. The application is disposed of. CS(OS) No. 756/2009 The plaintiffs and the defendants have settled their disputes and terms of settlement are incorporated in IA No.6011/2009 which has been allowed. Consequently, the suit of the plaintiff is decreed )'1 against the defendants in terms of the settlement incorporated in IA No.6011/2009. Consequent to the settlement, the computer systems seized by the Local Commissioner are released to the defendants. The decree sheet be drawn where IA No.6011/2009 shall form part of the decree. Parties are left to bear their own costs. All the pending applications are also disposed of. Dasti. MAY OS, 2009 "MK" CS(OS) No.756f2009 ANIL KUMAR, J. Page 3 of 3