JUDGMENT : This suit is listed under the caption 'FOR REPORTING SETTLEMENT AND RECORDING MEMORANDUM OF COMPROMISE' today. 2. Mr. S. Patrick, learned counsel on record for both plaintiffs and Mr. Ganesh V.Aranala, learned counsel on record for both defendants are before this Commercial Division. 3. Both learned counsel submit, on instructions from their respective clients, that this lis has been amicably settled amongst the parries to this suit and that they have reduced the same to writing in and by way of a 'Joint Memorandum of Compromise dated 23.08.2018' (hereinafter referred to as 'said MOC' for the sake of convenience and clarity). 4. Said MOC (together with annexures) has been placed before this Commercial Division. 5. With regard to the presence of the parties, for recording the said MOC, learned counsel for plaintiffs has filed a memo dated 24.08.2018, which reads as follows : '1. It is submitted that the Plaintiffs filed the civil suit against the defendants for infringement of copyright and also for the tort off passing off, apartment from damages and cost. 2. It is submitted that the Plaintiffs and the defendants entered into the joint compromise memo in the suit on 23.08.2018. The Plaintiffs and the defendants singed the compromise memo. 3. It is submitted that the Plaintiffs have an urgent personal work at Krishnagiri so they have gone to Krishnagiri on 23.08.2018 after signing the compromise memo. Therefore they are not in position to personally present before the Hon'ble Court for hearing today. It is there humbly prayed that this Hon'ble Court may graciously be pleased to accept the bonafide reason stated above by the Plaintiffs for non appearance and dispense with the personal appearance of the Plaintiffs and take on record of the Joint Compromise memo dated 23.08.2018 signed by the Plaintiffs and the Defendants thus render justice'. 6. The memo is self-explanatory. 7. Learned counsel for defendants has no objection to the said MOC being recorded without the presence of the plaintiffs and makes a similar request on behalf of the defendants. 8. To be noted, both learned counsel submit that they seek to dispense with presence of parities and do not insist on personal presence of the parties for recording the said MOC, as the said MOC was signed by both the parties in the presence of each other. 9. 8. To be noted, both learned counsel submit that they seek to dispense with presence of parities and do not insist on personal presence of the parties for recording the said MOC, as the said MOC was signed by both the parties in the presence of each other. 9. To be noted, said MOC has been signed by both parties to this suit and their respective counsel. 10. In the light of the aforesaid scenario, both learned counsel make a common request, on instructions from the respective clients, that this suit may be decreed in terms of the said MOC. 11. Said MOC reads as follows: "1.A perpetual injunction restraining the Defendants by themselves or their directors, men, partners, proprietors, stockiest, dealers, servants, agents, franchises, successors in interest, licensees, assignees, representatives or any of them from circulating/selling/distributing/marketing/advertising the copyright infringing book entitled Engineering Mathematics-I authored by the 2nd Defendant and to stop dealing in such dealing in such infringing copies or in any other manner acting unlawfully so as to infringe the copyright of the Plaintiffs as also for the tort of Passing Off apart from damages cost and incidental reliefs. 2. The 1st Plaintiff is the well known publisher of the Books authored by the 2nd Plaintiff Dr. G.Balaji who has been reputed in the field of authoring books on the subject of Engineering Mathematics ever since the year 2003. The 1st Defendant a Publisher who was publishing Books authored by third persons on the subject of Engineering Mathematics suddenly started publishing books on the said subject allegedly authored by one Dr. G.Balaji 2nd Defendant immediately prior to the filling of the present suit and hence the suit. 3. On Mediation mooted out, both sides of the parties have agreed and thrashed out the difference among themselves and arrived at a consensus as follows: (a) Engineering Mathematics-I authored by the 2nd Plaintiff shall be published by G.Balaji publishers, the 1st Plaintiff or any other Publishers and the cover page of the book shall mention the nae as Dr.G.Balaji in the font and style suitable to them. (b) The Book Engineering Mathematics-I authored by the 2nd Defendant shall be published by the 1st Defendant (Copy of the GST Registration of the 1st Defendant is appended as annexure 1) or any other publisher in the name of Dr. (b) The Book Engineering Mathematics-I authored by the 2nd Defendant shall be published by the 1st Defendant (Copy of the GST Registration of the 1st Defendant is appended as annexure 1) or any other publisher in the name of Dr. Gandhi Balaji (copy of the Aadhar certificate of the 2nd Defendant is appended as annexure 2) and the front cove and inner wrapper of the book shall contain the name of the author as Dr. Gandhi Balaji in the same font as depicted in the Annexure to this memo (copy of the said wrapper as mentioned to be used by the Defendants is appended as annexure 3). (c) The publication of the book on Engineering Mathematics-I by the Plaintiff's is copy right protected and well prior in time and the Defendants acknowledge the copyright of the Plaintiffs. (d) The Defendants undertake not object to the Copy rights of the Plaintiffs and concede and acknowledge original literary works contained in the publications of the 1st Plaintiff authored by the 2nd Plaintiff. (e) The defendants undertake to use the 2nd Defendant's name as Dr.Gandhi Balaji only in any and every publication of Books on the subject of Mathematics so as to avoid future confusion. (f) The Defendants do not require to undertake to withdraw all the copies of the Book Engineering Mathematics-I having the author's name as Dr.G.Balaji forthwith since they undertake that they have not circulated any such copy in the name of Dr.G.Balaji for sale. (g) In case of violation of any or all of the above conditions, the contemnor will be liable for contempt of court and Damage claimed will be paid without any demur or protest. (h) with these conditions the above suit may be decreed on the above terms. It is therefore prayed that this Honourable Court may be pleased to Decree the suit on the terms of the Joint Memo of Compromise and pass suitable order and thus render justice" 12. In the light of all that have been set out supra, this suit is decreed in terms of the said MOC i.e., aforesaid Joint Memorandum of Compromise dated 23.08.2018. 13. Joint memo of compromise dated 23.08.2018 (said MOC) duly signed by both parties and their respective counsel together with annexures therein and the aforesaid memo dated 24.08.2018 (extracted supra) filed by the plaintiffs shall all form part of the compromise decree. 14. 13. Joint memo of compromise dated 23.08.2018 (said MOC) duly signed by both parties and their respective counsel together with annexures therein and the aforesaid memo dated 24.08.2018 (extracted supra) filed by the plaintiffs shall all form part of the compromise decree. 14. Suit is decreed on above terms. There shall be no order as to costs. Consequently, all connected applications are closed.