Dassault Systemes Australia Pty Ltd. & ANR. v. N K Agarwal & ORS.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 842/2017, I.A. 3542/2020 DASSAULT SYSTEMES AUSTRALIA PTY LTD. & ANR.

.....Plaintiffs Through:

Ms. Vareesha Irfan, Advocate.

versus N K AGARWAL & ORS.

.....Defendants Through:

Mr. Pallav Mongia, Mr. Anubhav Mishra and Ms. Shashank Dwivedi, Advocates.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 07.07.2025 1.

At the outset, learned counsel for the parties submit that the parties have since resolved their disputes before the Delhi High Court Mediation and Conciliation Centre (DHCMCC) and the said terms of settlement arrived at inter se them have also been reduced to writing in the form of a Settlement Agreement dated 21.05.2025, which is forming a part of the record.

2.

Learned counsel for the parties make a joint oral prayer before this Court for passing of a consent decree in terms of the said Settlement Agreement dated 21.05.2025.

3.

Learned counsel for the plaintiffs further submits that, in view of the settlement arrived inter se the plaintiffs and the defendants, the plaintiffs do not wish to press for any other relief(s) qua the defendants. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel of the plaintiffs and the defendants confirm the terms of the Settlement Agreement dated 21.05.2025 and identify the signatures of their respective clients thereon as well. 5.

This Court has perused the terms of the Settlement Agreement dated 21.05.2025 as recorded inter se the plaintiffs and the defendants and finds them to be lawful.

6.

Accordingly, the present suit is decreed in terms of the settlement arrived between the plaintiffs and the defendants as recorded in the Settlement Agreement dated 21.05.2025.

7.

The Registry is directed to draw up a Decree Sheet. 8.

Needless to say, the Settlement Agreement dated 21.05.2025, shall form a part of the Decree Sheet, and the parties shall remain bound by the terms thereof.

9.

At this stage, learned counsel for the plaintiffs also makes an oral prayer before this Court for refund of the Court fees paid by the plaintiffs in terms of Section 16 of the Court Fees Act, 1870, since the disputes between the plaintiffs and the defendant have been amicably settled before DHCMCC.

10.

Considering that the disputes inter se the plaintiffs and the defendant have been settled amicably, however at the same time also considering that the same remained pending before the Court for a substantial period of time, refund of 50% of the Court fees paid by the plaintiffs is deemed justifiable.

11.

Let a Certificate of refund of 50% of the Court fees paid by the plaintiffs be prepared by the Registry and handed over to the learned counsel for the plaintiffs.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

In view of the above, the captioned suit, alongwith the pending application(s), if any, stands disposed of.

13.

Lastly, in terms of Clause 1(ii) of the aforesaid Settlement Agreement dated 21.05.2025, the defendants shall deposit/ pay an amount of Rs.1,00,000/- by way of a cheque/ demand draft within a period of five days from the disposal of the suit to the plaintiff into the following bank account of the plaintiffs:- Name:

Anand and Anand A/C No.

923020011089968 Bank:

Axis Bank, DLF Capital Point IFSC Code: UTIB0005140 SAURABH BANERJEE, J.

JULY 07, 2025/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.