High CourtsSingle Bench(2017) 09 DEL CK 0147

Parametric Technology Corporation & Anr vs Anil Thode & Anr

Delhi High Court · Decided on 25 September 2017

HON’BLE JUDGES
Sanjeev Sachdeva, J
CASE NUMBER
Civil Suit (OS) No. 3126 Of 2011 & I.A. 20063 Of 2011

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Judgment

18 paragraphs · 240 words

Sanjeev Sachdeva, J

1.

The plaintiff has filed this Suit for permanent injunction thereby restraining the defendants for infringing the copyright of the plaintiff in the software

of the plaintiff under the name PRO E.

2.

The parties were referred to mediation vide order dated 27.02.2017.

3.

The parties have settled their disputes through the process of mediation and Settlement Agreement dated 21.08.2017 has been executed between

the parties.

4.

Settlement Agreement is signed by the authorized representatives of the plaintiff as well as the defendant and also by their respective counsels. The

Settlement Agreement is marked as Exhibit â€"C1.

5.

The terms of the settlement are recorded in clauses A to F of the Settlement Agreement Exhibit â€"C1.

6.

I have perused the terms of the settlement and find the same to be lawful. The undertaking given by the defendant in the said settlement is also

accepted.

7.

In view of the above, the suit is decreed in terms of the Settlement Agreement Exhibit C-1.

8.

Decree Sheet be drawn up. Settlement Agreement Exhibit C-1 shall form part of the decree.

9.

Parties shall bear their own costs.

10.

Since the settlement has taken placed through the process of mediation, the plaintiff is entitled to refund of appropriate court fees in accordance of

law.

11.

Registry is accordingly directed to issue a certificate to enable the plaintiff to seek refund of the appropriate court fees from the concerned

authority.