Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 3957 (KAR)

CIREL SYSTEMS PRIVATE LIMITED v. WACOM COMPANY LIMITED

OSA/2/2026 · 2026-04-22

Jayant Banerji, Rajesh Rai K

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:22069-DB OSA No. 2 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE RAJESH RAI K ORIGINAL SIDE APPEAL NO. 2 OF 2026 BETWEEN: CIREL SYSTEMS PRIVATE LIMITED 505, 3RD CROSS, B BLOCK, AECS LAYOUT, KUNDALAHALLI, BENGALURU-560037, KARNATAKA, INDIA REPRESENTED BY ITS DIRECTOR AND AUTHORISED SIGNATORY MR. SUMEET MATHUR. …APPELLANT (BY SRI. VINUDEEP R AND SRI. ANIND THOMAS, ADVOCATES) AND: WACOM COMPANY LIMITED 510-1 TOYONODAI 2-CHOME, OTONE-MACHI KITA SAITAMA DISTRICT, SAITAMA 349-1148, JAPAN …RESPONDENT (BY SRI. N. VENKATESH KAMATH, AND SRI. CHINTAN CHINNAPPA, ADVOCATES) THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22069-DB OSA No. 2 of 2026 THE ORDER DATED FEBRUARY 03, 2026 PASSED BY THE LEARNED SINGLE JUDGE IN CP NO. 426 OF 2025 AND ETC., THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) A joint memorandum of compromise has been filed today in Court by the learned counsel for the parties. The terms of the compromise are as follows: "JOINT MEMORANDUM OF COMPROMISE The Appellant and the Respondent jointly submit as follows: 1. The Appellant has filed the present appeal praying inter alia for this Hon'ble Court to set aside the Order dated February 03, 2026 passed the ld. Single Judge in CP 426 of 2025 ("Impugned order"). 2. During the pendency of the present appeal, the Appellant and Respondent have engaged in discussions and arrived at a compromise in the following terms: - 3 - HC-KAR NC: 2026:KHC:22069-DB OSA No. 2 of 2026 a. The Respondent shall appoint a reputable external consultant to be present at the Appellant's office, on a mutually convenient date, for the purpose of inspection of: (i) chip schematics; and (ii) RTLU/VDHL description and files for verifying of logic for the CSAA2001 and CSAA2002 stylus controllers. b. The parties agree that the Appellant is only providing a limited inspection of the aforesaid documents as opposed to production, and consequently no copies of any of the documents provided for inspection shall be given to the consultant. c. The limited inspection shall be conducted between May 15, 2026, and May 30, 2026 ("Inspection Period"). d. On agreed dates during the Inspection Period, the Appellant shall present available records in terms of clauses 5 and 6 of Section 11 of the Letters Rogatory (Pages 35-36 of the Appellant's Paperbook) to the external consultant for the purpose of inspection. e. The parties agree that the information obtained during the inspection shall be treated as confidential and be subject to the protective order dated February 14, 2025 passed by the Hon'ble United States District Court for the - 4 - HC-KAR NC: 2026:KHC:22069-DB OSA No. 2 of 2026 Eastern District of Texas (Pages 41-54 of the Appellant's Paperbook). f. The Respondent agrees that all information obtain during the inspection shall be used only for the purpose of the dispute in Civil Action No.2:24-CV-00702-JRG between the Respondent and Shenzen Qianfenyi Intelligent Technology Co. Ltd. before the Hon'ble United States District Court for the Eastern District of Texas. g. The Respondent withdraws and forgoes all documentary requests towards the Appellant. h. Nothing, including the present memorandum, is to be construed as the Appellant's consent to being subject to the jurisdiction of Hon'ble Unites States District Court for the Eastern District of Texas. 3. Both the Appellant and the Respondent submit that they are bound by and will act in terms of the above terms of the compromise entered. WHEREFORE it is humbly prayed that this Hon'be Court may be kindly pleased to dispose of the Appeal in terms of the compromise recorded in the present Joint Memorandum, in the interests of justice and equity." - 5 - HC-KAR NC: 2026:KHC:22069-DB OSA No. 2 of 2026 2. On behalf of the appellant, namely Cirel Systems Private Limited, Sri. Sumeet Mathur is present, who is stated to be duly authorized to represent the company in terms of the minutes of the meeting of the Board of Directors held on 13.03.2026, the extract of which has been filed today by means of a memo. 3. On behalf of the respondents, namely Wacom Company Limited, Sri. Nripendra Kashyap has appeared as its authorized representative. 4. Both the authorized representatives have signed on the joint memorandum of compromise and their signatures have been verified by their respective advocates. 5. It is noted that the aforesaid OSA No.2/2026 has been filed seeking to set aside an order dated 03.02.2026 passed by a learned Single Judge in C.P.No.426/2025. By means of the impugned order, the learned Single Judge had allowed the petition and directed - 6 - HC-KAR NC: 2026:KHC:22069-DB OSA No. 2 of 2026 appointment of a Local Commissioner for collecting evidence including documentary evidence as mentioned in schedule 'A' to the Letters Rogatory and for obtaining and recording the testimonies and depositions from the person(s) designated by the respondent as mentioned in schedule 'B' to the Letters Rogatory. 6. During the course of arguments, it emerged that there were chances of negotiation and settlement between the parties. The parties have negotiated and thereafter, have agreed to the terms of compromise mentioned in the aforesaid joint memorandum. 7. The parties are directed to comply with the terms of the compromise and the time schedule. The inspection period mentioned therein shall be strictly adhered to. The protective order of the U.S. Court would be applicable. - 7 - HC-KAR NC: 2026:KHC:22069-DB OSA No. 2 of 2026 The appeal is, accordingly, disposed of in terms of the joint memorandum of compromise. SD/- (JAYANT BANERJI) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 5