Madras High Court
Microsoft Corporation vs Mr.Vedant Jhaver on 1 November, 2017
Author: Anita Sumanth
Bench: Anita Sumanth
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 01.11.2017 Coram : THE HONOURABLE DR.JUSTICE ANITA SUMANTH C.S.No.412 of 2017 & O.A.No.563 of 2017 A.No.2974 of 2017 & Contemp Petition No.1232 of 2017 & Sub.A.No.235 of 2017 1.Microsoft Corporation Company organised and existing under the laws of the State of Washington, USA, having its registered office at 925 Fourth Avenue, Suite No.2900, Seattle, Washington 98104 1158, USA, herein represented by the Power of Attorney Holder, Mr. Vishal Ahuja. 2.Microsoft Corporation India Private Limited, A company incorporated under the provisions of the Companies Act, 1956 and having its registered office at 807, New Delhi House, Barakhamba Road, New Delhi 110 001, represented herein by its Power of Attorney Holder, Mr.Vishal Ahuja Also at #471, 2nd Floor, Prestige Polygon, Anna Salai, Rathna Nagar Teynampet, Chennai 600 018. ... Plaintiffs in C.S.No.412 of 2017/ Contempt Petitioners -vs- 1.Mr.Vedant Jhaver, CEO & Director at Prodapt Solutions Pvt Ltd., having registered Office at PrinceInfo City-II, No.283/4, Rajiv Gandhi Salai (OMR), Kandanchavadi, Chennai 600 096, Tamilnadu. 2.Prodapt Solutions Private Limited (Jhaver Group) A Company incorporated under the provisions of the Companies Act,1956 and having its Office located at PrinceInfo City-II, No.283/4, Rajiv Gandhi Salai (OMR), Kandanchavadi, Chennai 600 096, Tamilnadu. Also at Module 1, Tower 1, Chennai One IT Special Economic Zone, Pallavaram Thoraipakkam, 200 feet Road, Thoraipakkam, Chennai, Tamilnadu 600 097. Also at CareerNet Campus, Plot No.53, Devarabisana Halli, Outer Ring Road, Bellandur Post, Bengaluru 560 103. ... Defendants 1 and 2 in C.S.No.412 of 2017/respondents 1 and 2 in Contempt Petition. 3. Mr.Suresh Shanmuga Sundaram, Senior Manager, Prodapt Solutions Pvt. Ltd., having registered office at Prince Info City II, No.283/4, Rajiv Gandhi Salai(OMR) Kandanchavadi, Chennai 600 096. .. 3rd respondent in Cont.Petition. Prayer in C.S.No.412 of 2017: Plaint filed under Order IV, Rule 1 of O.S.Rules and Order VII, Rule 1 of the C.P.C., read with Section 51 and section 62(2) of the Copy Right Act, 1957 seeking to grant (a) a decree of permanent injunction restraining the defendants, their principal officers, directors, agents, franchisees, servants and all others acting for and on their behalf, from directly or indirectly reproducing/storing/installing and / or using pirated/unlicensed software's of the Plaintiffs', including but not limited to Microsoft Windows (various versions), Microsoft Office (various versions), Windows Server (various versions), Microsoft Visual Studio (various versions) amongst others thereby Infringing Copyright in the Plaintiffs' computer programs/software titles. h) a decree of costs in the present proceedings be passed in favour of the plaintiff; Prayer in Cont.Petn.No.1232 of 2017 For Plaintiffs in suit and petitioners in Cont. Petn. : Mr.G.Kalyan Jhabakh & Ms.Shruthi Baid For Defendants in suit : Mr. Srinath Sridevan J U D G M E N T
Parties would file a Settlement Memo duly executed by the plaintiff Nos. 1 and 2 and their respective Attorneys and defendants 1 and 2 and their respective Attorneys dated 01.11.2017, to the effect that the disputes interse stand settled.
2. This Suit stands decreed recording their submissions and directing that the memo of compromise dated 01.11.2017 be made DR. ANITA SUMANTH, J.
msr a part and parcel of this order. Connected applications are closed. Parties are directed to bear their own costs.
3. In the light of the memo of settlement dated 01.11.2017 nothing further survives in Contempt Petition No.123 of 2017 and the same stands closed. Consequently Sub.Appln.No.235 of 2017 is also closed.
01.11.2017 Speaking Order/Non-Speaking Order Index : Yes/No msr Note: issue order copy on 8.11.2017 C.S.No.412 of 2017 & O.A.No.563 of 2017 A.No.2974 of 2017 & Contemp Petition No.1232 of 2017 & Sub.A.No.235 of 2017