Microsoft Corporation & Anr vs Shaikh Mushtaq Ali Ahmed & Anr
2015 Latest Caselaw 2706 Del

12.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1003/2013 & IA No.8666/2013
      MICROSOFT CORPORATION & ANR                     ..... Plaintiff
                    Through: Mr. Ravin Gargotia, Advocate

                       versus

      SHAIKH MUSHTAQ ALI AHMED & ANR           ..... Defendants
                   Through: Mr. Ankur Goel, Advocate for D-2.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 06.04.2015

1. Pursuant to the order dated 12.9.2014, whereunder the parties

were referred to the Delhi High Court Mediation and Conciliation

Centre for exploring the possibility of arriving at a negotiated

settlement, a Settlement Agreement dated 17.03.2015 has been

placed on record.

2. Counsels for the parties points out that the terms and conditions

of settlement have been set out in para 6 of the Settlement

Agreement, whereunder the defendant No.2 has acknowledged the

plaintiffs to be the owner of all the intellectual property rights as

claimed by them in the suit and has undertaken to use the licensed

version of the plaintiffs' software programmes.

3. Counsel for the defendant No.2 states that his clients have

already executed a User Licence Agreement with the plaintiffs and

purchased the requisite software programmes upon payment of dues

and taxes. Counsel for the plaintiffs confirms the said position.

4. The Court has perused the Settlement Agreement. The same

has been signed by the constituted attorneys of the parties and their

respective counsels as also by the learned Mediator. Enclosed with

the Settlement Agreement is a General Power of Attorney executed in

favour of the authorized signatory of the Settlement Agreement.

5. As the counsels for the plaintiffs and the defendants jointly state

that they 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

settlement. The Settlement Agreement is taken on record and the

parties shall remain bound by the terms and conditions of the said

settlement.

6. The suit is decreed in terms of the Settlement Agreement.

7. The suit is disposed of along with the pending application, while

leaving the parties to bear their own expenses.

8. File be consigned to the record room.

HIMA KOHLI, J APRIL 06, 2015/sk