Act Worldwide Asia Pte Ltd v. Financial Software & Systems
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2018 CORAM :
The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble Ms.JUSTICE P.T.ASHA O.S.A.Nos.102 to 104 of 2018 ACI WORLDWIDE (ASIA) PTE LIMITED, a company incorporated under the laws of Singapore, having its registered office at 8 Marina Bivd., #05/02, Marina Bay Financial Centre, 018981, Singapore, Also at 300, Beach Road, #21-03/06 The Concourse, Singapore - 199555 represented by its authorised signatory Saurabh Parikh .. Appellant in all Appeals -vsFINANCIAL SOFTWARE & SYSTEMS PRIVATE LIMITED, a company incorporated under the laws of India, having its registered office at "SARADHA" Ground Floor, No.42, Third Main Road, Gandhi Nagar, Adyar, Chennai-600 020.
.. Respondent in all Appeals Appeals filed under Order 36 Rule 1 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 18.12.2018 in O.A.Nos.249 to 251 of 2017 on the file of this Court. O.A.No.249 of 2017:
Original Application praying that this Hon'ble Court be pleased to pass an order of interim/ad-interim injunction
restraining the Respondent or anyone acting on behalf of or through the Respondent from using, licensing/sub-licensing, appropriating, distributing or providing access to third parties to the Software Products of the Applicant set out in the schedule attached herein till the disposal of the arbitration proceedings between the parties pending before the Singapore International Arbitration Centre in Arbitration Case No.55 of 2017 seated in Singapore and enforcement of the award passed therein.
O.A.No.250 of 2017:
Original Application praying that this Hon'ble Court be pleased to pass an order interim/ad-interim injunction may not be issued restraining the Respondent or anyone acting on behalf of or through the Respondent representing to third parties that it is authorized to use, license/Sub-license, appropriate, distribute or provide access to third parties to the Software Products of the Applicant set out in the Schedule attached thereto till the disposal of the arbitration proceedings between the parties pending before the Singapore International Arbitration Centre in Arbitration Case No.55 of 2017 seated in Singapore and enforcement of the award passed therein. O.A.No.251 of 2017:
Original Application praying that this Hon'ble Court be pleased to pass an order interim/ad-interim injunction restraining the Respondent or anyone acting on behalf of or through the Respondent from interfering with the business operations of the Applicant in any manner whatsoever, including but not limited to interfering with the meetings of the Applicant, its affiliates, business partners, customers, etc till the disposal of the arbitration proceedings between the parties pending before the Singapore International Arbitration Centre in Arbitration Case No.55 of 2017 seated in Singapore and enforcement of the award passed therein.
For Appellant :
Mr.Sathish Parasaran Senior Counsel for M/s.Vinod Kumar For Respondent :
Mr.M.S.Murali * * * * *
COMMON JUDGMENT (Delivered by Ms.Indira Banerjee, Chief Justice) Learned counsel for the appellant submits that the appellant does not wish to press these appeals and seeks to withdraw the same. An endorsement is also made to that effect. The Original Side Appeals are, thus, dismissed as withdrawn. No costs. Consequently, C.M.P.Nos.6968 to 6974 of 2018 are closed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar bbr To The Sub Assistant Registrar, Original Side, Madras High Court, Chennai.
+1cc to Mr.VINODKUMAR, Advocate, S.R.No.46762 +1cc to Mr.R.P.PARTNERS, Advocate, S.R.No. 46486 O.S.A.Nos.102 to 104 of 2018 CNR(CO) TR(26/07/2018)