Delhi High Court
Microsoft Corporation & Anr vs Dilip Srivastava & Ors on 8 August, 2016
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1396/2014
MICROSOFT CORPORATION & ANR ..... Plaintiffs
Through : Mr. Amlan J. Ray, Advocate
versus
DILIP SRIVASTAVA & ORS ..... Defendants
Through : Mr., Abhimanyu Walia, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 08.08.2016
1. At the outset, counsels for the parties state that the subject matter of
the present suit raises a commercial dispute of a specified value. The
Registry is directed to re-number the suit as a commercial dispute.
2. Pursuant to the parties being referred to the Delhi High Court
Mediation and Conciliation Centre, they have been able to arrive at a
settlement. Two separate settlements have been arrived at between the
parties and reduced into writing by virtue of two Settlement Agreements,
one between the plaintiff and the defendants No.1 and 2 and the other
between the plaintiff and the defendant No.3, both dated 26.02.2016, copies
whereof have been placed on record.
3. Counsels for the parties state that the terms and conditions of the
settlement have been set out in both the Settlement Agreements and the suit
may be decreed qua the defendants No.1 & 2 and the defendant No.3 in
terms of the Settlement Agreements executed between the plaintiff and the
said parties respectively, before the Mediation Centre.
4. The Court has pursued the Settlement Agreement dated 26.2.2016
executed between the plaintiff and the defendants No.1 and 2. The terms
and conditions of the settlement have been set out in para 6 of the said
Agreement. The same has been signed by the constituted attorneys/
authorized representatives of the parties, apart from their respective counsels
as also the learned Mediator. Enclosed with the Settlement Agreement is
the copy of the Power of Attorneys/authorizations in favour of the
signatories to the Settlement Agreement.
5. Similarly, the Court has perused the second Settlement Agreement
dated 26.2.2016 executed between the plaintiff and the defendant No.3. The
terms and conditions of the settlement have been set out in para 6 of the said
Agreement. The same has been signed by the constituted
attorneys/authorized representatives of the parties, apart from their
respective counsels as also the learned Mediator. Enclosed with the
Settlement Agreement is the copy of the Power of Attorneys/authorizations
in favour of the signatories to the Settlement Agreement.
6. As counsels for the plaintiff and the defendants jointly state that their
clients have arrived at the aforesaid settlements 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 settlements. The
parties shall remain bound by the terms and conditions of the settlement
recorded in the Settlement Agreements, both dated 26.2.2016.
7. The suit is decreed qua the defendants No.1 and 2 and defendant No.3
in terms of the settlement arrived at and recorded in the Settlement
Agreements dated 26.2.2016, while leaving the parties to bear their own
costs.
8. The suit is disposed of.
9. File be consigned to the record room.
HIMA KOHLI, J
AUGUST 08, 2016
sk/rkb
