CS(COMM) 813/2023 Page 1 of 3 $~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 813/2023 PHONOGRAPHIC PERFORMANCE LIMITED .....Plaintiff Through: Mr. Raghu Vinayak Sinha, Advocate. versus STR8UP HOSPITALITY PRIVATE LIMITED & ORS. .....Defendants Through: Mr. Kartik Malhotra and Ms. Shreya Mansi Jain, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 19.03.2025 I.A. 7029/2025 1. This is a joint application preferred on behalf of the parties under Order 23 Rule 3 read with Section 151 CPC for recording the settlement between the parties and passing a decree in accordance with the terms of settlement incorporated in paragraph 3 of the application. 2. Court has perused the terms of settlement and finds the same to be lawful. 3. Accordingly, this application is allowed and disposed of and terms of settlement are taken on record. CS(COMM) 813/2023 and I.A. 22369/2023 and 25794/2023 4. Suit is decreed in terms of the settlement between the parties which are extracted hereunder, for ready reference:- “i. That the Defendants, its subsidiaries, franchisees, sister concerns and any other person working for and on behalf of the Defendants (hereinafter referred to collectively as “Defendants”) which are involved in 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 27/03/2025 at 15:03:47 CS(COMM) 813/2023 Page 2 of 3 business of running restaurants inter alia under the brands ‘Vayu by Duty Free’, ‘Flaunt by Duty Free’, ‘Float by Duty Free’, ‘Veu by Duty Free’ and ‘Oscar Sassy’ have obtained an annual background license from the Plaintiff to use the Plaintiff’s copyrighted works as per the details mentioned below: S. No. Name of the Outlet Address 1. Vayu By Duty Free Rajour Garden C-10, Upper Ground Floor Vishal Enclave Rajouri Garden Delhi 110027 2. Vayu By Duty Free Gurgaon SCO 32, Sector 29, Gurugram Haryana 3. Float By Duty Free Spectrum Noida 4th Floor, Spectrum@metro Mall Gardenia Gateway Sector 75, Noida Uttar Pradesh 4. Flaunt By Duty Free Advent Unit No.3&4, Ground Floor Tower E Plot No.7 Advant Navis Business Park Sector 142, Noida Uttar Pradesh 5. Flaunt By Duty Free Vegas 5th Floor, Vegas Mall North, Pocket 1, Sector 14, Dwarka New Delhi 110075 6. Veu By Duty Free Ghaziabad A 22, RDC Block 1, P& T Colony Raj Nagar Ghaziabad Uttar Pradesh 7. Oscar Sassy By Duty Free Galleria Noida First Floor, Shop 241, Garden Galleria Mall Sector 38 Noida Uttar Pradesh 8. Oscar Sassy By Duty Free Delhi A2, Vishal Enclave Chatrapati Shivaji Marg, Rajouri Garden ii. The Defendants undertake that apart from the aforementioned premises, the Defendants do not use the copyrighted works at any of their premises. 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 27/03/2025 at 15:03:47 CS(COMM) 813/2023 Page 3 of 3 The Defendants agree and undertake to procure a prior license from the Plaintiff for every new restaurant/pub/bar opened by them wherein the copyrighted works of the Plaintiff shall be used or for any their existing premises which begin to exploit the copyrighted works of the Plaintiff. iii. The Defendants also undertake that they shall procure the appropriate event license from the Plaintiff in case they wish to organize any event at any of their premises and exploit the copyrighted works of the Plaintiff. iv. The Defendants undertake that they shall hereinafter not exploit the sound recordings of the Plaintiff without an appropriate license of the Plaintiff at any of their current or future premises. v. In view of the aforesaid, the Plaintiff agrees to forgo the reliefs of damages and costs as claimed in Prayers (ii), and (iii) of the Plaint.” 5. Terms of settlement shall form a part of the decree and bind the parties thereto. 6. Registry is directed to draw up the decree sheet. Certificate of refund of 50% of the Court Fee shall be issued in favour of the Plaintiff. 7. Suit stands disposed of along with pending applications. JYOTI SINGH, J MARCH 19, 2025 B.S. Rohella 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 27/03/2025 at 15:03:47