Adobe Systems Incorporated & Anr v. Satish Kumar & Ors

1. This application has been jointly filed by the plaintiffs and defendant no.4 under Order 23 Rule 3 of the CPC placing a settlement arrived at between them on record.

2. On behalf of the plaintiffs, the application is signed by Mr. Vishal Ahuja, constituted attorney of the plaintiffs. On behalf of the defendant no.4, the application is signed by Mr. Ansar Shahabudeen, authorized representative of the defendant no.4. Learned counsel for the parties have identified the signatures of Mr. Vishal Ahuja and Mr. Ansar Shahabudeen respectively on the application and the affidavits in support. 2011:DHC:15211 - 2 -

3. The terms of settlement between the parties have been set out in para 2 (a) to (h) of the application.

4. The parties have given undertakings in the application to remain bound by the terms of the settlement.

5. Perusal of the application and the affidavits would show that the settlement between the parties is in writing and appears to be voluntary, bona fide and entered into without any kind of force, pressure or undue influence. There is no legal impediment for taking the same on record.

6. A prayer is made on behalf of both parties that the suit of the plaintiffs qua defendant no.4 be decreed on terms detailed in para 2 (a) to (h) of the application and para 35(a) of the plaint.

7. In view of the above, it is directed as foiiows:-

(I) The settlement between the parties detailed in para 2(a) to (h) of this application is accepted and taken on record.

(ii) The defendants shall remain bound by the terms of the settlement, and undertaking given to this court.

(iii) This application is allowed in the above terms.

8. In view of the settlement between the plaintiffs and defendant no.4 and the prayers made in lA No.14508/2011, which has been allowed today, it is directed that the suit as against the defendant no.4 -3shall stand decreed on terms and conditions set out in para 2(a) to (h) of the application and para 35(a) of the plaint, which shall form part of the decree.

9. The remaining prayer made in the plaint is rejected. The parties shall remain bound by their undertakings and terms of settlement.

10. The decree in terms of the above shall be drawn up by the Registry.

11. In view of the settlement between the plaintiffs noticed hereinabove, learned counsel for the plaintiff prays for leave to withdraw the suit qua defendant nos.l to 3 & 5.

12. Accordingly, the suit of the plaintiffs qua defendant nos.l to 3 & 5 shall stand dismissed as withdrawn. lA Mo.9300/2011