Delhi High Court
Microsoft Corporation & Anr vs Manjeet Singh & Ors on 18 June, 2014
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 18.06.2014
CS(OS) 1562/2014
MICROSOFT CORPORATION & ANR ..... Plaintiffs
Through: Ms. Julien George, Advocate
Versus
MANJEET SINGH & ORS ..... Defendants
Through: Mr. Nitin Mishra, Advocate
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
I.A.No.11545/2014
1. The present suit has been instituted by Microsoft Corporation against
the defendants inter alia for infringement of copyright. The plaintiffs and
the defendant companies, part of the Nahar Group of Companies have now
entered into a settlement dated 16.06.2014 which is recorded in the present
application under Order 23 Rule 3 read with Section 151 of the Code of Civil
Procedure, 1908. The terms and conditions of the aforesaid settlement
incorporated in the said application are as follows:-
(a) The Defendants acknowledge the plaintiffs to be the owner of
copyright in the computer programs developed and marketed by
them and undertakes that they will only use genuine software
of the Plaintiffs, as per their current and future requirement, and
will ensure that the Plaintiffs copyright in its computer
programs are not infringed in any manner across its offices and
they will strictly abide by the terms of the End User License
Agreements (EULAs) accompanying such software programs
for use of the same.
(b) The Parties have estimated and determined that in order to
amicably resolve the issues raised in the instant suit, the
Defendant companies would procure licenses, the details of
which are enumerated herein below:
1. M/s Oswal Woollen Mills Limited
Software Products Part No. Licenses
Windows Prof. 8.1 FQC-08147 136
2012 R2
2. M/s Nahar Poly Films Limited
Software Products Part No. Licenses
Office ProPlus 2013 79P-04748 10
2012 R2
Windows Server CAL 2012 R18-04277 5
3. M/s Nahar Spinning Mills Limited
Software Products Part No. Licenses
Windows Prof. 8.1 FQC-08147 294
Office ProPlus 2013 79P-04748 130
Office Standard 2013 021-10256 5
2012 R2
Windows Server CAL 2012 R18-04277 60
4. M/s Monte Carlo Fashion Limited
Software Products Part No. Licenses
Windows Prof. 8.1 FQC-08147 137
Office ProPlus 2013 79P-04748 60
Office Standard 2013 021-10256 1
2012 R2
Windows Server CAL 2012 R18-04277 31
5. M/s Nahar Industrial Enterprise Limited
Software Products Part No. Licen
ses
R2
6. M/s Cotton County Retail Limited
Software Products Part No. Licenses
2012 R2
7. M/s Nahar Capital and Financial Services Limited
Software Products Part No. Licenses
R2
(c) The Defendants agree and undertake before this Hon'ble Court
to furnish and produce proof of purchase of the licenses as
enumerated in Para 2 (b) above, in the nature of invoices and
delivery challans to the satisfaction of the representatives of the
Plaintiffs.
(d) The Defendants further undertakes to pay a sum of
Rs.7,00,000/-(Rupees Seven Lakhs Only) to the Plaintiffs vide
cheque number 433175, payable in the name of "Saikrishna &
Associates", immediately upon the recordal of the present
application to cover legal costs (including cost in appointing
local commissioners) incurred in the suit proceeding. The
aforesaid payment will be received on behalf of the Plaintiffs
by Saikrishna & Associates, the Counsel for the Plaintiffs, to be
remitted to Microsoft Corporation in US$ equivalent, in
accordance with local laws and regulations, after obtaining
permission from the appropriate authorities.
(e) The Plaintiffs will have no objections if the computer systems
containing unlicensed software of Plaintiffs and taken into
custody by the Learned Local Commissioners, during the
execution of the order dated 25th May 2014, are released back
forthwith to the Defendants upon the recording of the present
compromise application before the Hon'ble Court.
(f) The Defendants undertake to clean/delete the Hard Drives of the
Seized computer systems, of all illegal/pirated/unlicensed
software, if any of the plaintiffs, within 5 days of the disposal of
the present Compromise Application.
(g) The Defendants agree that the Plaintiffs for a period of 5 years
after the signing of the present compromise application would
be entitled to conduct audit, to check the compliance of the
undertaking that they are not violating copyright of the
Plaintiffs in its software programs, contained on the computer
systems across the offices/plants of the Defendants.
(h) The parties agree that the signatories to the present settlement
are fully competent and authorized to enter into the present
settlement Application.
(i) The parties agree that all the terms and conditions laid out in the
present compromise Application are fair and reasonable and
have been entered into after full appreciation of its various
clauses and implications.
(j) The Defendants hereby agree before this Hon'ble Court that the
present terms and compromise shall be binding on all their
principal officers, directors, agents, servants, successors, and
assigns in business interest and title and all other acting for and
on their behalf, for all times to come pertaining to the subject
matter of the present suit prior to the date of execution of this
Settlement.
(k) The parties agree that all their disputes have been resolved by
virtue of this Compromise Application and the Plaintiffs would
not institute or press any further remedies available to them, for
infringement of Copyright in the software programs of the
Plaintiffs prior to the date of execution of the present
Settlement, unless there is breach of the terms of the present
Settlement.
2. It is, therefore, prayed by the parties to the present application, who
are also the parties to the suit, that the above terms and conditions of the
compromise be recorded and a decree be passed in terms of the present
application.
3. It is observed that the said application is supported by an affidavit of
Mr. Vishal Ahuja on behalf of the plaintiffs, an affidavit of Mr. Manjeet
Singh on behalf of defendant No.1 and Mr. Vijay Gupta on behalf of
defendant Nos.2 to 8. The settlement entered into between the parties is
lawful, reasonable and just.
4. The parties shall abide by the terms and conditions of the compromise
entered into between them.
5. Counsel for the defendants has handed over a cheque of Rs.7,00,000/-
(Rupees Seven Lakhs) towards the legal fees to the counsel for the plaintiffs.
Receipt thereof is acknowledged by the counsel for the plaintiff.
6. The application is allowed and disposed of accordingly.
CS (OS) No.1562/2014
7. In accordance with the terms and conditions of compromise
incorporated in the settlement agreement that have been recorded above, the
suit filed by the plaintiffs is decreed. Decree Sheet may be drawn in terms
thereof.
8. The suit is disposed of accordingly. The suit need not be listed before
the Court on 29.08.2014, the date already given.
SIDDHARTH MRIDUL, J.
JUNE 18, 2014
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