Dr. Ing. H.C.F. Porsche Ag. v. Mr. Pritam Gain & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 751/2018 & I.As. 3997/2018, 9924/2018 DR. ING. H.C.F. PORSCHE AG.

..... Petitioner Through:

Mr.Sumit Wadhwa and Ms.Achal Shekhar, Advocates versus MR. PRITAM GAIN & ORS ..... Respondents Through:

Mr.Hasan Murtaza, Ms.Bushra Waseem, Advocates for respondents

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 26.09.2018 I.A. _____/2018 (to be numbered) 1.

Learned counsels for both the parties have handed over a joint application under Order XXIII Rule 3 of the Code of Civil Procedure which is taken on record. The application is signed by both the parties and is supported by their respective affidavits. The application along with the affidavits and Annexure-A is marked as Ex. C-1. 2.

The settlement between the parties is lawful and is recorded. 3.

The suit is decreed in terms of the settlement, Ex. C-1. Ex. C-1 shall form part of the decree.

4.

Learned counsels for the parties submit that the Copyright registration No.A75296 dated 30th December, 2005 be struck off from the register of the Copyright as agreed in paragraph 6 (vi) of Ex. C-1. 5.

The Registrar of Copyright is directed to strike off the Copyright registration No.A75296 dated 30th December, 2005 within a period of eight

weeks from today.

6.

Learned counsel for the plaintiff seeks refund of the Court fees under Section 16A of the Court Fees Act. The Registry shall issue the certificate to the plaintiff for refund of 50% of the Court Fees under Section 16A of the Court Fees Act.

7.

Pending applications are disposed of.

8.

Copy of this order be sent to the Registrar of Copyrights, Copyright Office, Boudhik Sampada Bhawan, plot No.32, Sector-14, Dwarka, New Delhi-110075.

9.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

SEPTEMBER 26, 2018 ds