Madras High Court
Microsoft Corporation vs / on 16 November, 2023
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. No.378 of 2013 and O.A. No.421 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 16.11.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. No.378 of 2013 and O.A. No.421 of 2013
1.Microsoft Corporation,
represented by its duly constituted and
Authorised Power of Attorney
Jaideep Singh Kochar
2.Microsoft Corporation India Private Limited,
represented by its duly constituted and
Authorised Power of Attorney
Jaideep Singh Kochar .. Plaintiffs
(amended as per order dated 20.04.2021
in A.No.1475 of 2021)
/versus/
1.RDP Workstations Pvt. Ltd.,
represented by its Chairman/
Managing Director/Directors
2.Gaurav Jha .. Defendants
Prayer: Civil Suit has been filed under Order IV Rule 1 of the Original
Side Rules and Order VII, Rule 1 of the C.P.C. read with Sections 2, 17,
51 and 62 of the Copyright Act, 1957 to grant a decree and judgment in
favour of the plaintiffs on the following terms:
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C.S. No.378 of 2013 and O.A. No.421 of 2013
a)a permanent injunction restraining the defendants, jointly and
severally its proprietors/directors/partners, officers, servants and agents
and all others acting for and on its behalf from using or otherwise
copying, reproducing, installing/selling, offering for sale, distributing,
hard-disk loading, issuing to the public, counterfeit/pirated/unlicensed
versions of Microsoft Windows embedded operating systems software
and any other software programs of the plaintiffs' in any manner
whatsoever amounting to infringement of the plaintiffs' copyrights in the
said software programs and related manuals;
b)the defendants, jointly and severally be directed to deliver up to
the plaintiffs of all the counterfeit/pirated/unlicensed copies of the
plaintiffs' software programs and/or articles/software, the duplicating
equipment used in the copying/reproducing the software programs of the
plaintiffs, including thin clients, computers, compact disc writers,
stampers, replicators, burners, "plates" as defined in Section 2(t) of the
Act, hard disks, diskettes, packaging and advertising material, labels,
stationery articles and all other infringing material under Section 58 of the
Act, which pertain to Microsoft Windows embedded operating systems
and any other software program of the plaintiffs;
c)a preliminary decree be passed in favour of the plaintiffs directing
the defendants to render a true and faithful account of all profits illegally
earned by the defendants by reason of the infringement of the plaintiffs'
copyrights in Microsoft Windows embedded operating systems and any
other software program of the plaintiffs and a final decree be passed in
favour of the plaintiffs for the amount of profits thus found to have been
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C.S. No.378 of 2013 and O.A. No.421 of 2013
made by the defendants along with conversion damages, loss of sales and
reputation caused to the plaintiffs, as to be ascertained/determined in
these proceedings by this Court with interest, after the defendants has
rendered accounts;
d)the defendants jointly and severally be ordered to pay to the
plaintiffs, damages of Rs.25 lakhs on account of infringement by the
defendants of the copyrights of the plaintiffs as subsisting in their
software programs such as Microsoft Windows embedded operating
systems and any other software of the plaintiffs in addition to the relief
sought for in paragraph 34(c) above.
For plaintiffs : Mr.Muthukumar for
M/s.GMS Law Associates
JUDGMENT
A memo dated 07.11.2023 has been filed by the learned counsel for the plaintiffs seeking permission of this Court to withdraw this suit.
2.After recording the Memo dated 07.11.2023, this suit is dismissed as withdrawn. Consequently, connected Application is closed. No costs.
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