Microsoft Corporation And Anr vs Suresh Sharma And Ors
2015 Latest Caselaw 5414 Del

$~33.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+    CS(OS) 1739/2015

     MICROSOFT CORPORATION & ANR               ..... Plaintiffs
                   Through: Ms. Safid Said, Advocate with
                   Ms. Savni Dutt, Advocate

                       versus


     SURESH SHARMA & ORS                      ..... Defendants
                  Through: Mr. Abhimanyu Chopra, Advocate for
                  Ms. Garima Kapoor, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 29.07.2015

I.A. 15098/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the present suit, they have

arrived at an out of court settlement. The terms and conditions of the

settlement have been set out in para 2 of the application, wherein the

defendants have acknowledged the plaintiffs to be the owners of the

copyright in the computer programmes developed and marketed by

them and they have purchased various licenses from the plaintiffs as

detailed in para 2(b) of the said application. The defendants have also

agreed to pay a sum of `1 lac to the plaintiffs towards litigation

expenses. Counsel for the defendants states that the cheque for `1

lac has been handed over to the plaintiffs through counsel, which fact

is confirmed by the other side. The remaining terms and conditions of

the settlement have been recorded in para 2 of the application.

2. In view of the settlement arrived at between the parties, learned

counsel for the plaintiffs states that the plaintiffs give up the reliefs

prayed for at prayer clause 29(ii) to (iv) of the plaint.

3. The Court has perused the present application. The same has

been signed by the plaintiffs and the defendants through their

authorised signatories/constituted attorney as also by the counsels

and is supported by the affidavits of the signatories. Enclosed with the

application are the copies of the invoices raised by the plaintiffs on the

defendants.

4. 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 application.

5. The application is allowed. The suit is decreed in terms of prayer

clause 29(i) of the plaint and the terms and conditions recorded in the

present application, while leaving the parties to bear their own

expenses.

6. The suit and the application are disposed of.

7. The date already fixed, i.e., 19.10.2015, stands cancelled.

File be consigned to Record Room.

HIMA KOHLI, J JULY 29, 2015 rkb/ap