Super Cassettes Industries Pvt Ltd v. M/S Apna Cablenetwork

1. Parties have settled the matter before the Delhi High Court Mediation and Conciliation Centre on 8^ March, 2017 on the following terms and conditions: "a) The Second Party has agreed to obtain broadcast license (TPPL) from the First Partyfor theperiod 01.01.2017 to 31.12.2017. b) The First Party has agreed to the aforesaid at a monthly license fee ^1,10,000/- plus applicable taxes. c) The parties agree that the aforesaid License Fee has been calculated based on the disclosure of the Second Party that the number of connections they have in 35000 (Thirty Five Thousand Only). The Second Party agrees that if during the remaining CS(COMM) 1595/20/6 Page I of[4] 2017:DHC:8343 license period (ie. Upto 31.12.2017) their connections are found more than 35000 (Thirty Five Thousand Only), the First Party shall be entitled to claim damages in the amount of ^25,00,000/- (Rupees Twenty Five Lakhs Only). d) The parties agree that the area ofoperation ofthe aforesaid License is restricted to District Durg, Bhilai. e) The Second Party agrees that it shall broadcast the content of the First Party solely under the logo 'ACN\ without any prefix or suffix thereto. f) TheSecond Party agrees that it shall not enter into anyjoint venture, collaboration, etc. with any other cable operator for the broadcast of the aforesaid licensed content. g) The SecondParty agrees not to remix, makefurther versions etc. ofthe content ofthe First Party. h) The Second Party agrees to carry out all future renewals in a timely manner. i) hi furtherance ofthe aforesaid clauses, the Second Party has handed over a cheque bearing NO. 005758 dated 04.03.2017for amount of^2,53,000/- (Rupees Two Lakhs Fifty Three Thousand Only) drawn on ICICI Bank, Bhilai Branch, Plot No. 35- 37, Nehru Nagar (East), Bhilai-490020 to the First Party towards the license fee for the month of January and February, 20For the rest of the license period, the Second Party has handed over SI. No. Amount (^) Cheque Date Name ofthe Bank. 1 ] 1,19,900/- 005762 31.03.2017 ICICI Bank, Bhilai 2 1,24,300/ 005763 30.04.2017 ICICI Bank, Bhilai 3 11,24,300/ 005764 31.05.2017 ICICI Bank, Bhilai 4 1,24.300/ 005765 30.06.2017 ICICI Bank, Bhilai 1,24,300/ 005766 31.07.2017 ICICI Bank, Bhilai 6 1,24,300/ 005767 30.08.2017 ICICI Bank, Bhilai 7 1,24,300/ 005768 30.092017 ICICI Bank, Bhilai 8 1,24,300/ 005769 30.10.2017 ICICI Bank, Bhilai % CS(COMM) J59.V20hS Page 2 of[4] 9 1,24,300/ 005770 3011.2017 ICICI Bank, Bhilai 10 1,24,300/ 005771 131.12.2017 ICICI Bank, Bhilai j) The Second Party undertakes to honour the aforesaidpost dated cheques on their due dates, k) TheSecond Party has agreed to pay the First Party litigation expenses in the amount of ^1,83,500/- (Rupees One Lakh Eighty Three Thousand Five Hundred Only). Accordingly it has handed over a cheque bearing No. 005757 dated 04.03.2017 for amount of ^1,83,500/- (Rupees One Lakh Eighty Three Thousand Five Hundred Only) drawn on ICICI Bank, Bhilai Branch, Plot No. 35-37, Nehru Nagar (East), Bhilai-490020 to the First Party. I) The Second Party agrees that if they do not renew their license after 31.12.2017 and are found infringing the copyright of the First Party, they shall be liable to pay the First Party damages in the amount of ^25,00,000/- (Rupees Twenty Five Lakhs Only). m) The Second Party agrees that, the First Party may with the permission of the Hon'ble Court seek refund ofthe courtfees in terms ofSection 16 ofthe Court Fees Act, 1870 read with Section 89 ofCPC, 1908. n) The parties agree to seek disposal of the suit CS (COMM) No. 1595/2016 in terms of the present Settlement Agreement. o) By signing this Settlement Agreement the parties hereto state that they have no further claims or demands against each other and all the disputes and differences arising in the sidt have been amicably settled by the Parties hereto through the process ofMediation. o) That the parties undertake before the Hon'ble Court to abide by the terms and conditions set out in the agreement and not to dispute the same hereinafter infuture.^' (\ CS(COMM) 1595/2016 Page 3 of[4]

2. The settlement agreement has been signed by Mr. Anil Maini, authorised signatory of the plaintiff, authorisation in whose favour is at page 103 of the documents file. Settlement agreement is also signed by Mr. Nazmujjama Siddiqui, authorisation in whose favour by way of Board Resolution dated 13"^ April, 2016 has been filed along with the settlement agreement atpage 49 ofthe paper-book.

3. Mr. Anil Maini and Mr. Nazmujjama Siddiqui are also present in Court and identified by the learned counsel for the plaintiff. They state that the parties would abide by the tenns ofsettlement arrived at before the Delhi High Court Mediation and Conciliation Centre on 8'^ March, 2017,

4. Suit is accordingly decreed in terms of the settlement noted above.

5. Decree sheetwill incorporate the terms of settlement.

6. Court fee is directed to be refunded to the plaintiff in terms of Section 16 of the Court Fee Act. LA. Nos. 15139/2016 (under Order XXXIX Rule 1 and 2 CPC) and 15141/2016 (under Section 151 CPC) Applications are disposed of as infructuous.

MUKTA GUPTA, J. AUGUST 24, 2017/S n'