Delhi High Court - Orders
Fotografik Enterprises Private ... vs Adobe Incorporated & Ors on 21 May, 2024
Author: Rekha Palli
Bench: Rekha Palli
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 97/2024, CM APPLs. 30548-30551
FOTOGRAFIK ENTERPRISES PRIVATE LIMITED & ORS.
..... Appellants
Through: Mr. Gaurab Banerjee, Sr. Advocate
with Mr. Ajay Bhargava, Mr.
Nirupam Lodha, Ms. M. Jain, Ms.
Malika Nandkeolyar, Ms. Phalguni
Nigam, Mr. Gautam Wadhwa, Mr.
Rakesh Talukdar, Mr. T. S.
Sundaram, Advocates alongwith Mr.
Nitin Sharma, Appellant No.2 with
Mr. Louis Conway, AR
versus
ADOBE INCORPORATED & ORS. ..... Respondent
Through: Ms. Aarshia Behl, Ms. Shruti Baid
and Mr. Anmol Kasana, Advocates
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 21.05.2024
1. The present appeal under Section 13(1) of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, seeks to assail the order dated 02.05.2024 passed by the learned District Judge (Commercial Court-05), South East District, Saket Court, New Delhi in CS (COMM) NO. 326/2024.
2. After the matter was heard at some length, the parties have arrived at an amicable settlement and therefore pray that the appeal be disposed of in terms of the settlement. They however pray that since the terms of the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 22:55:13 settlement are yet to be formulated, learned counsel for the parties pray that hearing be deferred for a day. They further submit that it has been agreed between the parties that 171 computers and 2 servers, which were sealed by the learned Local Commissioner during her visit to the appellants' premises in terms of the impugned order, can be de-sealed by the appellants who will be free to use the same as deemed fit. The appellants further agree that a sum of Rs.30 lacs will be paid to the authorized dealer of the respondents towards the settlement.
3. In the light of the aforesaid, we defer hearing for tomorrow. Needless to state, the parties will abide by the statements made on their behalf in the Court today. Accordingly, it will be open for the appellants to de-seal all the 171 computers and 2 servers which were sealed by the learned Local Commissioner.
4. List on 22.05.2024.
REKHA PALLI, J SAURABH BANERJEE, J MAY 21, 2024/akr This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 22:55:13