Financial Software & Systems v. Aci Worldwide Asia Pte Ltd.,
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.143 to 145 of 2018 FINANCIAL SOFTWARE & SYSTEMS PRIVATE LIMITED, represented by its Authorised Signatory Mr.G.Sivakumar, having its registered office at "Saradha" Ground Floor, No.42, Third Main Road, Gandhi Nagar, Adyar, Chennai-600 020.
.. Appellant in all OSA -vsACI 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.
.. Respondent in all OSA 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.Nos.249 of 2017:
An order interim/ad-interim injunction may not be issued 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.Nos.250/2017:
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 hereto 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.Nos.251/2017:
An order interim/ad-interim injunction may not be issued 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 5/2017 seated in Singapore and enforcement of the award passed therein.
For Appellant :
Mr.M.S.Murali For Respondent :
Mr.Sathish Parasaran Senior Counsel for M/s.Vinok Kumar 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.8413 and 8414 of 2018 are closed.
-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar bbr
To The Sub Assistant Registrar, Original Side, Madras High Court, Chennai.
+1 CC to Mr.V. Vinod Kumar, Advocate sr 46763. +1 CC to R & P Partners sr 46487.
O.S.A.Nos.143 to 145 of 2018 SP(24/07/2018)