Microsoft Corporation & Ors vs Mr Ashok Dalai & Ors
2016 Latest Caselaw 109 Del

$~13.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 3123/2015

      MICROSOFT CORPORATION & ORS               ..... Plaintiffs
                    Through: Mr. Munish Mehra, Advocate with
                    Ms. Arundhati Gopal, Advocate

                        versus


      MR ASHOK DALAI & ORS                     ..... Defendants
                    Through: Mr. Vaseem Mian, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 07.01.2016

I.A. 265/2016 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the suit, they have arrived at an

out of court settlement, the terms and conditions whereof have been

recorded in paras 2 to 12 thereof, whereunder the defendants have

acknowledged the plaintiffs to be the owners/proprietors of the

intellectual property rights in the software programmes developed by

them and have given a series of undertakings to the plaintiffs. The

defendants have also purchased the software programmes from the

plaintiffs in terms of Annexure A enclosed with the application.

Further, the defendants have paid a sum of Rs.6 lacs to the Business

Software Alliance (BSA), USA, a non-profit organization of which the

plaintiffs are members.

2. In view of the undertakings given by the defendants, the

plaintiffs have given up the reliefs of delivery up, rendition of accounts

and damages against the defendants. Counsels for the parties state

that the suit may be decreed in terms of the settlement recorded in

the application.

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

been signed by the constituted attorney of the plaintiffs and the

authorised signatory of the defendants and their respective counsels

and the same is duly supported by the affidavits of the signatories.

4. 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 as recorded in the application.

5. The suit is decreed in accordance with the terms and conditions

recorded in the compromise application. Decree sheet be drawn

accordingly.

6. The suit is disposed of alongwith the pending application.

7. File be consigned to the record room.

HIMA KOHLI, J JANUARY 07, 2016 rkb