Fsl Software Technologies Ltd v. Orchestra Asia Limited & ORS

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 2225/2015 FSL SOFTWARE TECHNOLOGIES LTD ..... Plaintiff Through:

Ms.

Kirti Mewar, Adv.

(M.

7204073750) versus ORCHESTRA ASIA LIMITED & ORS ..... Defendants Through:

None.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 05.02.2024 1.

This hearing has been done through hybrid mode. 2.

The present suit has been filed seeking decree of permanent injunction against the Defendants from using or sharing the software "BuyerEase" or any other software including SourceApp which has been developed by infringing the copyright, and intellectual property comprised in "BuyerEase" or any software based on reverse engineering of "BuyerEase" or its code or use plaintiff's application for development of any product/ application similar in intent to "BuyerEase"

3.

The Plaintiff - FSL Software Technologies Ltd. in the present case is a company working in the field of Software Development Cloud computing and allied services. It is the case of the Plaintiff that the Plaintiff's software "BuyerEase" is used in financial sectors and is well recognized. The Defendants in the case were initially licensees of the Plaintiff. The defendant No. 4 is stated to be the authorized representative of Defendant Nos. 1 to 3 in India. However, due to disputes between the parties, the Defendants The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 14:31:50

defaulted the terms and the Defendants started selling their own license which was a copy of the Plaintiff's license.

4.

It is stated that one Mr. Satish Jain who was the Director of the Plaintiff company colluded with the Defendants which led to software infringement of the Plaintiff's software products. 5.

The issues in the matter were framed vide order dated 30th January 2019 and evidence was being recorded. However, the parties vide order dated 8th January, 2024 submitted that the Plaintiff has settled the matter with the Defendants.

6.

In terms of the last order, ld. Counsel for the Plaintiff prays for permission to withdraw the present suit in view of the settlement. 7.

Accordingly, the suit is dismissed as withdrawn. PRATHIBA M. SINGH, J.

FEBRUARY 05, 2024/dk/bh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 14:31:50