Parametric Technology Corporation & ANR v. Anil Thode & ANR

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 25.09.2017 + CS(OS) 3126/2011 & I.A. 20063/2011 PARAMETRIC TECHNOLOGY CORPORATION & ANR ..... Plaintiffs versus ANIL THODE & ANR ..... Defendants Advocates who appeared in this case:

For the Petitioner : Mr. Ravin Galgotia, Adv.

For the Respondent : Mr. Amith J., and Mr. C.B. Guru Raaj, Advs. CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

25.09.2017 SANJEEV SACHDEVA, J. (ORAL) 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 -C1.

5.

The terms of the settlement are recorded in clauses A to F of the Settlement Agreement Exhibit -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.

SANJEEV SACHDEVA, J SEPTEMBER 25, 2017 'rs'