Microsoft Corporation & Ors vs Satish Parakh & Ors
2015 Latest Caselaw 6553 Del

35.
*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+               CS(OS) 1563/2015 & IA No.11361/2015

                                         Decided on 02.09.2015
IN THE MATTER OF:
MICROSOFT CORPORATION & ORS                    ..... Plaintiffs
                  Through : Mr. Ravin Galgotia, Advocate

                        versus

SATISH PARAKH & ORS                                  ..... Defendants
                        Through : Ms. Ankita Jain, Advocate
                        for D-1 & 2.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A.No. 18328/2015 (joint application u/O XXIII R 3 CPC)

1. At the outset, counsel for the plaintiffs states, on instructions,

that he may be permitted to withdraw the suit against defendants

No.3 to 10 and confine the same to the defendants No.1 & 2. Ordered

accordingly.

2. The present application has been jointly filed by the parties

stating inter alia that during the pendency of the suit, they have

arrived at an out of court negotiated settlement. The terms and

conditions of the settlement arrived at between the plaintiff and the

defendants No.1 & 2 have been set out in paras 1 to 6 of the

application, whereunder the defendants No.1 & 2 have acknowledged

that the plaintiffs are the owners/proprietors of all intellectual property

rights in various software programmes developed by them. The

defendants have also undertaken to pay a sum of Rs.11.00 lacs to the

plaintiffs towards litigation expenses. Learned counsel for the

defendants hands over a cheque bearing No.93622322 dated 4.8.2015

drawn on AXIS Bank, Sir M.P. Road, Mumbai in favour of the counsel

for the plaintiff in the sum of Rs.11.00 lacs, which has been duly

accepted by the other side. The defendants No.1 & 2 have also given

some undertakings to the plaintiff as recorded in para 6 of the

application and in lieu of the said undertakings, the plaintiffs have

agreed to forego the claim of rendition of accounts against the

defendants in terms of the prayers made in para 57(a) & (b) of the

plaint.

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

terms of the settlement.

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

been signed by the constituted attorneys/authorised signatories of the

plaintiff and the defendants No.1 & 2 and their respective counsels.

The application is supported by the affidavits of the signatories to the

application.

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 present application.

6. The suit is decreed in terms of the settlement recorded in the

application, while leaving the parties to bear their own expenses.

Decree Sheet be drawn accordingly.

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

8. File be consigned to the record room.

                                                    (HIMA KOHLI)
SEPTEMBER 02, 2015                                     JUDGE
sk/ap