Microsoft Corporation & Ors. vs Gururaj V & Ors.
2015 Latest Caselaw 7948 Del

$~30.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3088/2011 & IA No.19825/2011
      MICROSOFT CORPORATION & ORS.                   ..... Plaintiff
                    Through: Mr.Ashish Somasi, Advocate

                        versus

      GURURAJ V & ORS.                         ..... Defendants
                    Through: Ms.Sucheta Roy and Mr.Ankur
                    Sangal, Advocates

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 15.10.2015

1. Pursuant to the parties being referred to mediation, they have

arrived at a settlement as recorded in the Settlement Agreement

dated 5.10.2015.

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

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

whereunder, the defendants have acknowledged the plaintiffs to be

respective owners/proprietors of all the intellectual property rights in

the software programmes developed by them. The defendants have

also given some undertakings to the plaintiffs and have agreed to pay

a sum of Rs.2,50,000/- to a non-profit organization of which the

plaintiffs are members. Counsel for the plaintiffs states that the

aforesaid payment has already been made by the defendants.

3. Counsels for the parties state that the suit may be decreed in

terms of the settlement arrived at between the parties.

4. The Court has pursued the Settlement Agreement dated

5.10.2015. The same has been signed by the constituted attorneys of

the plaintiffs and the defendants, and their respective counsels as also

by the learned Mediator. Enclosed with the Settlement Agreement, are

the letters of authorization, executed in favour of the constituted

attorneys of the plaintiffs and the defendants.

5. 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 Settlement Agreement.

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

recorded in the Settlement Agreement dated 5.10.2015, while leaving

the parties to bear their own expenses.

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

File be consigned to the record room.

HIMA KOHLI, J OCTOBER 15, 2015 mk/rkb