Microsoft Corporation & Anr vs Rajesh Divakaran & Anr
2015 Latest Caselaw 8309 Del

$~35
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       CS(OS) 1311/2012 & IA No.8787/2012
        MICROSOFT CORPORATION & ANR               ..... Plaintiffs
                      Through : Ms. Shriya, Advocate

                      versus
        RAJESH DIVAKARAN & ANR                    ..... Defendants
                      Through : Mr. N. Mahabir, Advocate
        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI
                      ORDER

% 03.11.2015

1. Pursuant to the parties being referred to the Delhi High Court

Mediation and Conciliation Centre, a Settlement Agreement dated

31.08.2015 has been placed on record.

2. Counsels for the parties state that the terms and conditions of

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

Agreement, wherein the defendants have acknowledged the plaintiffs

to be the owner of the copyright in the computer programmes

developed and marketed by them and have undertaken that they will

only use the licensed software as per their current and future

requirements. The defendants have also purchased the software

programmes from the plaintiffs. The defendants have also given

other undertakings to the plaintiffs and in lieu of the said

undertakings, the plaintiffs have agreed to give up the reliefs at prayer

clause 27 (ii) to (v) of the plaint.

3. Counsels for the parties jointly state that in view of the

settlement arrived at between the parties, the suit may be decreed.

4. The Court has perused the Settlement Agreement dated

31.8.2015. The same has been signed by the constituted attorney of

the plaintiff and the authorized signatory of the defendants and their

respective counsels as also by the learned Mediator. Enclosed with

the Settlement Agreement are the documents executed by the

plaintiffs company and the defendants in favour of the signatories,

authorizing them to execute 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 dated

31.8.2015. Decree sheet be drawn accordingly.

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

8. File be consigned to the record room.

     NOVEMBER 03, 2015/sk                                HIMA KOHLI, J