Microsoft Corporation & Ors vs Chetan & Ors
2015 Latest Caselaw 7301 Del

$~8.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 1933/2010
     MICROSOFT CORPORATION & ORS               ..... Plaintiffs
                    Through: Mr. Arvind Thampu, Advocate

                       versus

     CHETAN & ORS                                  ..... Defendants
                       Through: Mr. Dilip Kumar Mishra, Advocate
                       with Mr. Amit Kumar Mishra, Advocate
     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 23.09.2015

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

been able to arrived at a settlement before Delhi High Court Mediation

and Conciliation Centre as recorded in the Settlement Agreement

dated 27.07.2015. The terms and conditions of the settlement have

been set out in para 6 of the Settlement Agreement, whereunder the

defendants have given certain undertakings to the plaintiffs and have

agreed to pay a sum of Rs.2 lacs to Business Software Alliance (BSA),

USA, a non-profit organization of which the plaintiffs are the members.

2. Counsel for the defendants states that he has brought a pay

order of Rs.2 lacs drawn in favour of the counsel for the plaintiff,

which is duly accepted by the counsel for the plaintiffs. Both parties

state that the suit may be decreed in accordance with the terms and

conditions of the Settlement Agreement dated 27.07.2015.

4. The Court has pursued the Settlement Agreement dated

27.07.2015. The same has been signed by the constituted attorney of

the plaintiff and the Director of the defendants, AND their respective

counsels as also by the learned Mediator.

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 27.07.2015, while

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

accordingly.

7. The suit is disposed of.

8. File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 23, 2015 rkb