Autodesk Inc & ANR v. Prem Chandra & ORS

$~20.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 110/2018, IA No.4603/2017 (u/O XXII R-3 CPC) and IA No.4604/2017 (for condonation of 124 days delay in filing the application).

AUTODESK INC & ANR .... Plaintiffs Through:

Ms. Aarishia Behl, Adv.

versus AJIT ASSOCIATES PVT. LTD.

..... Defendant Through:

Ms. Babita Sant, Adv. for D-3 (Now the sole defendant).

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 09.04.2018 1.

In this suit, originally filed by the two plaintiffs namely (i) Autodesk Inc. and Autodesk India Pvt. Ltd. against the four defendants namely (i) Prem Chandra; (ii) Jobi Jacob; (iii) Ajit Associates Pvt. Ltd.; and, (iv) ABR Engineering & Project Management Consultancy Pvt. Ltd. for injunction restraining infringement of copyright and for ancillary reliefs, the defendants no.1,2&4 have been deleted and the erstwhile defendant no.3 Ajit Associates Private Limited now is the sole defendant.

2.

IA No.4603/2017 under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) has been filed on behalf of the plaintiffs and the now sole defendant.

3.

However title shown of the suit in the application is as of suit originally filed.

4.

The counsel for the plaintiffs states that the application was prepared prior to the deletion of the erstwhile defendants no.1,2&4 and hence in the CS(COMM) 110/2018

title shows so; else the settlement is between the plaintiffs and the now sole defendant Ajit Associates Private Limited.

5.

The counsel for the plaintiffs and the counsel for the sole defendant Ajit Associates Private Limited, support the application and state that the same is signed on behalf of the respective parties and is supported by their affidavits.

6.

I have perused the settlement arrived at between the parties and find the same to be lawful.

7.

IA No. 4603/2017 is allowed.

8.

A decree is passed in favour of the plaintiffs and against the sole defendant Ajit Associates Private Limited in terms of IA No. 4603/2017, which shall form part of the decree sheet and leaving the parties to bear their own costs.

9.

Decree sheet be drawn up.

10.

The date of 10th April, 2018 before the Joint Registrar is cancelled. RAJIV SAHAI ENDLAW, J APRIL 09, 2018 „pp‟..

CS(COMM) 110/2018