Rhythm Music Technology P.Ltd v. Indian Music Industry & Anr

ORDER?

16.11.2011% Cr1. M.A. No. 17941/2011 By this application the Petitioner seeks leave to place on record the memorandum of agreement arrived at between the parties. The same is taken on record.? Application stands disposed of.S Cr1. Rev. P. 25/2008 The present revision petition is directed against the order dated 15th December, 2007 passed by the learned Additional Sessions Judge in Criminal Appeal No. 11 1Al2006 whereby the order passed by the learned? Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Trial Court desealing the Petitioner's plant and machinery was set aside. During the pendency of the present petition the parties have settled the matter before the Delhi High Court Mediation and Conciliation Centre. In terms of the settlement between the parties the FIR No. 712/2006 registered at PS Dabri under Sections 63/65/68A of the Copy Right Act has to be quashed for which the parties will be filing an appropriate application. Further in terms of the settlement an amount of Rs. 32.50 lakhs has to be paid to the Respondent NC). 1 by the Petitioner. Learned counsel for the Petitioner has handed over the Manager Cheque No. 018647 dated 11th November, 2011 drawn on HDFC Bank, Adarsh Nagar, De!hi-33 for an amount of Rs. 32.50 lakhs to Shri D. Basu, the authorized representative of 28th Respondent No. 1. Certified copy of the resolution dated July, 2011 authorizing Shri D. Basu is placed as Annexure —'C' to Cr!. M.A. No. 17941/2011. Shri D. Basu, who is identified by the learned counsel for Respondent No. 1 states that in view of the settlement arrived at and the. amount of Rs. 32.50 lakhs having been received today, he has no objection if the plant and machinery of the Petitioner are desealed. He states that he will cooperate with the Petitioner for quashing of the FIR registered against the Petitioner and its three Directors namely Sb. Naresh Ma!hotra, Sb. ? Deepak Maihotra and Sh. Vijay Mai[hotra mentioned in the memorandum of 14thi agreement dated November, 2011. In view of the settlement arrived at 15th1 between the parties, the impugned order dated December, 2007 is set aside and the order of the learned Metropolitan Magistrate dated 12thi September, 2006 is restored. The plant and machinery of the Petitioner is directed to be desealed for being opesrated by the Petitioner. Petition is disposed of.? Parties have signed this order sheet in acknowledgment of their S statements made before this Court. Order dasti.

MUKTA GUPTA, J. NOVEMBER 16, 2011 'vn, NP,H NLHO1R4-? . I-(NrTA4EMK-bjJ . I' +1 (JAA...k i'o\3S >-? ; (pAthA1$L

45# $ * IN THE HIGH COURT OF DELHI AT NEW DELHI? + CRL.REV.P. 25/2008 RI-IYTHM MUSIC TECI-INOLOGY P.LTD.? Petitioner Through: Mr. Suman Kapoor, Advocate. versus ? .....RespondentsINDIAN MUSIC INDUSTRY & ANR Through: Mr. Pragyan Sharma, Mr. R. Bhatia and Mr. Santosh Jha, Advocates with Mr. D. Basu, authorized representative.? Mr. Manoj Ohri, APP.? S CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA