Microsoft Corporation & ORS v. Gururaj V & ANR

$~30.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3088/2011 & IA No.19825/2011 MICROSOFT CORPORATION & ORS.

..... Plaintiff Through: Mr.Ashish Somasi, Advocate versus GURURAJ V & ORS.

..... Defendants Through: Ms.Sucheta Roy and Mr.Ankur Sangal, Advocates

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 15.10.2015 1.

Pursuant to the parties being referred to mediation, they have arrived at a settlement as recorded in the Settlement Agreement dated 5.10.2015.

2.

Counsels for the parties that the terms and conditions of the settlement have been set out in para 6 of the Settlement Agreement whereunder, the defendants have acknowledged the plaintiffs to be respective owners/proprietors of all the intellectual property rights in the software programmes developed by them. The defendants have also given some undertakings to the plaintiffs and have agreed to pay a sum of Rs.2,50,000/- to a non-profit organization of which the plaintiffs are members. Counsel for the plaintiffs states that the aforesaid payment has already been made by the defendants. CS(OS) 3088/2011 Page 1 of 2

3.

Counsels for the parties state that the suit may be decreed in terms of the settlement arrived at between the parties. 4.

The Court has pursued the Settlement Agreement dated 5.10.2015. The same has been signed by the constituted attorneys of the plaintiffs and the defendants, and their respective counsels as also by the learned Mediator. Enclosed with the Settlement Agreement, are the letters of authorization, executed in favour of the constituted attorneys of the plaintiffs and the defendants. 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 5.10.2015, while leaving the parties to bear their own expenses.

7.

The suit is disposed of, along with the pending application. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 15, 2015 mk/rkb CS(OS) 3088/2011 Page 2 of 2