Microsoft Corpration & ANR v. Biju Varghese & ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1668/2015 MICROSOFT CORPRATION & ANR ..... Plaintiff Through:

Ravin Galgotia, Advocate versus BIJU VARGHESE & ORS ..... Defendant Through:

Nayantara Narayan for D-1,2&4

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 15.03.2016 CS(OS) 1668/2015 Learned counsel for the plaintiff, on instructions, does not press the suit qua defendant no.3. Accordingly, the suit qua defendant no.3 stands dismissed as withdrawn.

I.A. No.3456/2016 This application has been jointly moved by the plaintiff and defendant nos.1, 2 and 4 to record their settlement under Order 23 Rule 3 CPC. The application is signed by the respective parties and their counsels and is also supported by the affidavit of Mr. J.K. Sharma, the constituted attorney of the plaintiff, Ms.Sujata, the authorised representative of defendant nos.2 and 4, and the defendant no.1 Mr. Biju Varghese.

The terms of the settlement appear to be fair, just and reasonable and I see no impediment in accepting the same. Accordingly, the suit stands disposed of in terms of the settlement, which shall continue to bind the parties. The original documents filed by the defendant shall be returned to the defendant upon the same being substituted by copies. The plaintiff shall be entitled to refund of 50% of the court fee as the matter has been settled prior to the commencement of trial. VIPIN SANGHI, J MARCH 15, 2016 sr