r r % 04.05.2009 Present: Ms.Aarshia Behl, Advocate for the plaintiffs. Mr.Ravi S.Chauhan, Advocate for the defendants 1,3 & 4. + lA No.5907/2009 in CS(OS) No.662/2009 This is an application by the plaintiff and defendant Nos.l, 3 and 4 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 have undertaken to the plaintiff not to use unlicensed software of the plaintiffs or indulge in any act which would infringe the plaintiffs copyright in their computer programme. The defendants have also estimated and determined the licenses which would be required by the defendants of the plaintiffs' software. An amount of Rs.99,45,398/- has been paid to the plaintiff for purchase of the licenses of the plaintiffs software which are detailed in Annexure A of the application. The defendants have also paid legal costs of Rs.8,00,000/- to the plaintiff by demand draft in the name of counsel for the plaintiff "Saikrishna & Associates". The amounts paid by the defendants to the plaintiffs have been detailed in para 2(b) of the application. The details of the invoices which would be raised by the Redington India Limited on behalf of the plaintiff have been detailed in para 2(e) of the application. Under the settlement, the defendants have also agreed for audit CS(OS) No.662/2009 page 1 of3 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 • ' J'V of the plaintiffs software used by the defendants as detailed in para 2 of the application. The plaintiff has also agreed to release of the computers sealed on 23.04.2009 by the Local Commissioner. The plaintiffs and the defendant Nos.l, 3 and 4 have also undertaken to each other to be bound by the terms and conditions incorporated in the application . The application is signed by the plaintiffs and defendant Nos.l, 3 and 4 or their authorized representatives and their respective counsel. The application is also supported by the affidavit of Sh.Vishal Ahuja, Constituted Attorney of the plaintiff and Sh.T.Hussain, defendant No.1 and Director of defendant Nos.3 and 4. There does not seem to be any impediment in allowing the settlement arrived at between the parties. Consequently, the application is allowed. The plaintiff is permitted to settle the matter with defendant Nos.l, 3 and 4 in accordance with the terms and conditions incorporated in the application. disposed of. CS(OS) No.662/2009 The application is Learned counsel for the plaintiff, on instructions, seeks to delete the defendant No.2. Defendant No.2 is deleted as a party to the present suit. The plaintiff has settled the matter with defendant Nos. 1, 3 and 4. The terms and conditions of settlement are CS(OS) No.662/2009 page 2 of3 • incorporated in IA.No.5907 /2009, which has since been allowed. Consequently, the suit of the plaintiff is decreed against defendant Nos.1, 3 and 4 in terms of settlement arrived at between the parties in lA No.5907 /2009. The decree sheet be drawn where lA No.5907 /2009 shall form part of the decree. The computers sealed on 23.04.2009 pursuant to order dated 15.04.2009 are also released to the defendants. Parties are left to bear their own costs . All the pending applications are also disposed of. lA No.5908/2009 This is an application for release of Rs.1,00,000/- deposited by the plaintiff in terms of order dated 15.04.2009. The parties have settled their disputes. It has also been agreed that the amount ofRs.1,00,000/- be refunded to the plaintiff. Consequently the application is allowed. An amount of Rs.1,00,000/- deposited by the plaintiff on 18.04.2009 by the demand draft No.0108317 drawn in favour of the Registrar General is released _ _/ to the plaintiff. The amount be paid to the plaintiff through a negotiable instrument made in favour of 'Saikrishna & Associates', Attorney of the plaintiff. The amount be paid forthwith. The application is disposed of. Dasti. MAY 04,2009 "MK" CS(OS) No.662/2009 ANIL KUMAR, J. ty1 / j· ·. · I J ,._, / -· ' , •. ·--! r, . , t;(; / : .· ' , . l' .. 7 _;J._." ' ( page 3 of3 - · D ' . .! • ''/. N_ ,..; , i . - '. )' '