Microsoft Corporation & Ors vs Chetan & Ors

Citation : 2015 Latest Caselaw 7301 Del
Judgement Date : 23 September, 2015

Delhi High Court
Microsoft Corporation & Ors vs Chetan & Ors on 23 September, 2015
Author: Hima Kohli
$~8.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 1933/2010
     MICROSOFT CORPORATION & ORS               ..... Plaintiffs
                    Through: Mr. Arvind Thampu, Advocate

                       versus

     CHETAN & ORS                                  ..... Defendants
                       Through: Mr. Dilip Kumar Mishra, Advocate
                       with Mr. Amit Kumar Mishra, Advocate
     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 23.09.2015

1. Pursuant to the parties being referred to mediation, they have been able to arrived at a settlement before Delhi High Court Mediation and Conciliation Centre as recorded in the Settlement Agreement dated 27.07.2015. The terms and conditions of the settlement have been set out in para 6 of the Settlement Agreement, whereunder the defendants have given certain undertakings to the plaintiffs and have agreed to pay a sum of Rs.2 lacs to Business Software Alliance (BSA), USA, a non-profit organization of which the plaintiffs are the members.

2. Counsel for the defendants states that he has brought a pay order of Rs.2 lacs drawn in favour of the counsel for the plaintiff, which is duly accepted by the counsel for the plaintiffs. Both parties state that the suit may be decreed in accordance with the terms and CS(OS) 1933/2010 Page 1 of 2 conditions of the Settlement Agreement dated 27.07.2015.

4. The Court has pursued the Settlement Agreement dated 27.07.2015. The same has been signed by the constituted attorney of the plaintiff and the Director of the defendants, AND their respective counsels as also by the learned Mediator.

5. As counsels for the parties jointly state that their clients have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the said settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the Settlement Agreement.

6. The suit is decreed in terms of the settlement arrived at and recorded in the Settlement Agreement dated 27.07.2015, while leaving the parties to bear their own expenses. Decree sheet be drawn accordingly.

7. The suit is disposed of.

8. File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 23, 2015 rkb CS(OS) 1933/2010 Page 2 of 2