Microsoft Corporation & Ors vs G K Pillai & Anr
2015 Latest Caselaw 8203 Del

33
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 1737/2015 & IA No.12187/2015
     MICROSOFT CORPORATION & ORS                ..... Plaintiffs
                   Through : Mr. Ravin Galgotia, Advocate

                        versus
     G K PILLAI & ANR                               ..... Defendants
                        Through : Mr. N. Venkatachalam, AR of
                        defendants in person.
     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 30.10.2015 I.A.22826/2015 (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,

whereunder the defendants have acknowledged the plaintiffs to be the

owners/proprietors of all the intellectual property rights in various

software programmes developed by the plaintiffs. The defendants

have also given some undertaking to the plaintiffs and have agreed to

pay a sum of Rs.2.00 lacs to Business Software Alliance, a non-profit

organization of which the plaintiffs are members.

2. Counsel for the plaintiffs states that a sum of Rs.2.00 lacs has

already been deposited by the defendants with the Business Software

Alliance and in view of the undertakings given by the defendants, the

plaintiffs have agreed to forego the claims of damages, delivery up

and rendition of accounts, as prayed for in the suit.

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 pursued the present application. The same has

been signed by the constituted attorney of the plaintiffs and the

authorized representative of the defendants No.1 & 2, who is present

in Court. The application is supported by the affidavits of the

signatories to the application. As counsels for the plaintiffs 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.

5. 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.

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

7. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 30, 2015/sk