Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Autodesk Inc vs Bim Revit Modeling Services & Anr on 1 May, 2023

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~73
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CS(COMM) 679/2022, I.A. 16036/2022
                                 AUTODESK INC.                                         ..... Plaintiff
                                                  Through:     Ms. Ridhie Bajaj, Advocate

                                                  versus

                                 BIM REVIT MODELING SERVICES & ANR.                ..... Defendants
                                                  Through:     Mr. Harshit Thakur, Advocate.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                                  ORDER

% 01.05.2023

1. Parties have executed Settlement Agreement dated 17th April, 2023 before the Delhi High Court Mediation and Conciliation Centre. During the course of negotiations, it emerged that Defendant No. 1 - Bim Revit Modeling Services is not a legal entity and the impugned tradename has been adopted by Defendant No. 2 - Mr. Mayank Yadav. This explanation has been accepted by Plaintiff and accordingly, the Settlement Agreement has been executed between Plaintiff and Defendant No. 2, acting for Defendant No. 1.

2. The Settlement Agreement is accompanied with a PoA in favour of Authorised Representatives of Plaintiff and consent e-mails written by Defendant No. 2 and Plaintiff's Authorized Representative to the Mediation Centre.

3. Counsel for the parties mentioned in the appearance above confirm the terms of settlement and pray for the suit to be decreed in terms thereof.

4. The Court has perused the said terms and finds the same to be lawful.

5. Accordingly, the present suit is decreed in favour of the Plaintiff and against Defendants, in terms of paragraph No. 89 (i) to (iv) of the plaint and paragraph No. 5 of Settlement Agreement dated 17th April, 2023, which shall form part of the decree. Parties shall remain bound by the terms and conditions of the settlement.

6. To facilitate transfer of impugned domain name in Plaintiff's name, as noted in paragraph No. 5(e) of the Agreement, Plaintiff shall coordinate with Defendants' counsel for completion of formalities.

7. In view of the fact that parties have arrived at a compromise, Registry is directed to issue a certificate for refund of full court fees in favour of the Plaintiff.

8. Decree sheet be drawn up.

9. Suit and pending applications are disposed of.

I.A. 20425/2022 (order XXXIX Rule 2A read with Section 151, Code of Civil Procedure, 1908)

10. In light of the settlement, counsel for Plaintiff states that they do not wish to press the present application.

11. Dismissed.

SANJEEV NARULA, J MAY 1, 2023 nk Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:02.05.2023 17:10:57