Microsoft Corporation & Anr vs Rakesh Singh Rajpoot & Ors
2015 Latest Caselaw 7692 Del

$~5
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1444/2012 & IA No. 9567/2012
      MICROSOFT CORPORATION & ANR               ..... Plaintiffs
                    Through Mr. Aasish Somasi, Adv.

                        versus

      RAKESH SINGH RAJPOOT & ORS            ..... Defendants
                    Through Mr. Sanjeev Narula, Adv. for D-2 to 4

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 07.10.2015

1. Pursuant to the parties being referred to mediation, a Settlement

Agreement dated 30.7.2015 had been arrived at between them before

Delhi High Court Mediation and Conciliation Centre.

2. Counsels for the parties state that as per para 10 of the

Settlement Agreement, the defendants have acknowledged the

plaintiff to be the owner and proprietor of the intellectual property

rights owned by the plaintiff including but not limited to the copyright

in various software programmes developed by the plaintiff. It has

also been recorded that the defendant has purchased various licenses

from the plaintiff.

3. In view of the settlement arrived at between the parties, the

plaintiff has no objection if the computer system/servers sealed by the

local commissioner are de-sealed and released back to the defendants

in accordance with law. Counsels for the parties jointly state that the

settlement agreement be taken on record and the suit be decreed

accordingly. Learned counsel for the defendants clarifies that

defendant No.3 had been deleted from the record by the Registrar of

Companies and the defendant No.4 has been merged with the

defendant No.2 company.

4. The Court has perused the Settlement Agreement dated

30.7.2015. The same has been signed by the authorised

representatives of the parties and the counsels for the parties as also

the learned Mediator. Copies of the Board Resolutions passed in

favour of the signatories to the Settlement Agreement have also been

enclosed. 5. As the counsels for the plaintiff 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. The suit is decreed as per the Settlement Agreement

dated 30.7.2015. Decree sheet be drawn up accordingly.

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

leaving the parties to bear their own expenses.

6. At this stage, learned counsel for the plaintiff states that in view

of the fact that the parties have arrived at a settlement through the

court annexed mediation, prior to the pleadings being completed in

the suit, the plaintiff is entitled to claim refund of the court fees in

terms of Section 16 of the Court Fees Act.

7. In view of the aforesaid submission made by the counsel for the

plaintiff, the Registry is directed to issue a certificate in favour of the

plaintiff for refund of the court fees, as per law.

File be consigned to the record room.

HIMA KOHLI, J OCTOBER 07, 2015 aj/ap