Microsoft Corporation & Ors vs Yogesh Rathod & Ors
2015 Latest Caselaw 8671 Del

$~6.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3188/2012 and I.A. 19913/2012, 19916/2012
      MICROSOFT CORPORATION & ORS         ..... Plaintiffs
                    Through: Mr. Pravin Anand, Advocate with
                    Mr. Shantanu Sahay and Mr. Aasish Somasi,
                    Advocates

                         versus

      YOGESH RATHOD & ORS                ..... Defendants
                   Through: Ms. Malavika Lal, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 20.11.2015

I.A. 9779/2013 (by the defendants u/O VII R 10 & 11 CPC)

1. Pleadings are complete.

2. An ex-parte ad interim injunction order was granted in favour of

the plaintiffs on 06.11.2012, whereunder the defendants were

restrained from directly or indirectly reproducing/storing/installing

and/or using pirated/unlicensed software of the plaintiffs.

3. Counsel for the defendants states that pursuant to the aforesaid

order, her clients have already purchased the requisite software and

the defendants undertake not to reproduce/store/install and/or use

pirated/unlicensed software of the plaintiffs in future.

4. In view of the aforesaid submission, learned counsel for the

plaintiffs states that the plaintiffs are ready and willing to give up the

claim of damages against the defendants.

5. Accordingly, while binding the defendants to the statement

recorded hereinabove, the interim order dated 06.11.2012 is made

absolute and the suit is decreed in terms of the said order, while

leaving the parties to bear their own expenses. Decree sheet be drawn

accordingly.

6. The suit is disposed of alongwith the pending applications.

HIMA KOHLI, J NOVEMBER 20, 2015 rkb/ap