Microsoft Corporation & Anr vs Mahesh K Shivakanth & Ors
2015 Latest Caselaw 8457 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 576/2012 & IAs No.4330/2012 and 12602/2012
       MICROSOFT CORPORATION & ANR                 ..... Plaintiffs
                     Through : Ms. Kruttika Vijay, Advocate

                        versus

       MAHESH K SHIVAKANTH & ORS                  ..... Defendants
                     Through : Mr. Anuj Malhotra, Advocate with
                     Mr. Sachidanand, Sr. General Manager
                     in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 06.11.2015 I.A. 23664/2015 (joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the

parties stating inter alia that during the pendency of the present

proceedings, they have arrived at an out of court settlement.

2. Counsels for the parties state that in terms of the settlement

arrived at between the parties, the defendants have acknowledged the

plaintiffs to be the owners/proprietors of all the intellectual property

rights in certain software programmes and admitted to the fact that

they had infringed the same. Further, they have given certain

undertakings to the plaintiffs and have purchased 12 software

programmes of the plaintiffs on payment of licence fees. The

remaining terms and conditions of the settlement are recorded in

paras 5 to 7 of the application. In lieu of the undertakings given by the

defendants, the plaintiffs have agreed to forego their claim of

damages, delivery up and rendition of accounts against the defendants

and agreed to withdraw the contempt case filed against them.

3. Counsels for the parties state that in terms of the settlement

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

4. The Court has pursued the present application. The same has

been signed by the constituted attorney of the plaintiffs and the

authorized signatory of the defendants No.2 & 3 and their respective

counsels. The application is supported by the affidavits of the

signatories to the application. The letter of authority executed in

favour of Mr. Sachidanand, Sr. General Manager of Corporate Affairs

Department of the defendant No.2 is handed over by the counsel for

the defendants and is taken on record.

5. As counsels for the plaintiff and the defendants 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

settlement. The parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

6. The suit is decreed in terms of the settlement arrived at and

recorded in the application, while leaving the parties to bear their own

costs. Decree sheet be drawn accordingly.

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

8. File be consigned to the record room.

HIMA KOHLI, J NOVEMBER 06, 2015 sk/ap