CS(COMM) 136/2023

Page 1 of 5

$~35

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CS(COMM) 136/2023

BENTLEY SYSTEMS INC & ANR.

..... Plaintiffs

Through:

Mr. Shantanu Sahay, Ms. Imon

Roy, Ms. Shreya Shukla and Ms. Vareesha

Irfan, Advs.

Versus

OFFSHORE ENGINEERING DESIGN AND ENERGY

CONSULTANTS PRIVATE LIMITED OCEANERGY &

ANR.

..... Defendants

Through:

Mr. Ajay Singh, Mr. Amit

Kumar, Mr. Vivek Kumar Singh and Mr.

Animesh Mishra, Advs.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

JUDGMENT (ORAL)

%

03.08.2023

CS(COMM) 136/2023 and IA 14304/2023 (Order XXIII Rule 3 of

the CPC)

1.

The dispute between the parties stands settled and a joint

application, i.e. IA 14304/2023, under Order XXIII Rule 3 of the

Code of Civil Procedure, 1908 (CPC) stands filed by the parties. The

terms of settlement read thus:

“a.

The Defendants acknowledge that the Plaintiff is the

owner of all intellectual property rights subsisting in their various

software programs, especially but not limited to SACS,

Microstation, and Staad.Pro, and the Defendants undertake to use

genuine/authorized versions of the Plaintiffs' software programs.

b.

The Defendants have agreed to procure the below

mentioned software programs as part of the Settlement.

Signed By:HARIOM

Signing Date:09.08.2023

10:52:34

Signature Not Verified

CS(COMM) 136/2023

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Types and Versions

of Software Program

Quantity

Time Period of

Procurement

SACS

Offshore

Structure

Advance

with Select

2

At the time of

disposal of the

present suit

STAAD.Pro Perpetual

with Select

3

Same as above

SACS Offshore

Structure advance/

ultimate-Subscription

3

Within 3 months

of the disposal of

the suit

SACS

Offshore

Structure

advance/

ultimate-

Subscription

3

Within 6 months

of the disposal

of the suit

Open Plant/STAAD

Pro-Subscription

1

Same as above

c.

The Defendants have already raised the purchase order

with an authorised Bentley reseller namely, Mahavir Traders, in

respect of the below-mentioned software programs:

i)

SACS Offshore Structure Advance with Select -

2Nos.

ii)

STAAD.Pro Perpetual with Select - 3 Nos.

A copy of the said Purchase Order issued by Offshore

ENGINEERING Design and Energy Consultants Pvt. Ltd. In

favour of Mahavir Traders is annexed herewith as Annexure- A.

d.

The Defendants further agree to release the Purchase

Orders with respect to the other purchases within the stipulated

timeframe, as mentioned in paragraph 1 (b) of the present

agreement.

e.

The Defendants further agree that in case required and

agreed between the parties, they can raise a combined Purchase

Order at the time of the disposal of the present suit.

f.

The Defendants undertake that they shall ensure that the

upfront payments to the software reseller are made strictly in

terms of the Purchase order without fail.

g.

The Defendants agree that the Defendants and their

agents, franchisees, servants, and all others acting on their

behalf, refrain from directly or indirectly copying, reproducing,

storing, installing, and/or using pirated/unlicensed software

Signed By:HARIOM

Signing Date:09.08.2023

10:52:34

Signature Not Verified

CS(COMM) 136/2023

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programs of Plaintiff Software Programs ( along with their

various

version

versions

such

as

"SACS,

Staad.Pro,

Microstation") developed by the Plaintiff in any manner that

may amount to infringement of the Plaintiff’s copyright

subsisting in its software programs and software related

documentation, except according to the procedure established by

law.

h.

Parties agree that in case either party fails and/or refuses

to comply with any of the terms mentioned in the present

application and any of its documents, the aggrieved party shall

have the right to approach this Hon'ble Court to enforce its

rights as well as the defaulting party's duties, including initiating

execution proceedings.

i.

The Plaintiff acknowledges that,