Delhi High Court - Orders
Microsoft Corporation & Anr vs Rattan Indian Power Limited & Anr on 2 May, 2022
Author: Jyoti Singh
Bench: Jyoti Singh
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 60/2015
MICROSOFT CORPORATION & ANR ..... Plaintiffs
Through: Ms. Kasika Agrawal, Advocate.
versus
RATTAN INDIAN POWER LIMITED
& ANR ..... Defendants
Through: Ms. Bitika Sharma and Mr. Lakshay
Kaushik, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 02.05.2022 I.A. 6704/2022 (under Order 23 Rule 3 CPC)
1. Present application has been preferred jointly on behalf of the Plaintiffs and Defendant No.1 under Order 23 Rule 3 CPC for recording of settlement.
2. Parties have amicably resolved their inter se disputes. Terms of the settlement incorporated in paragraph 2(a) to 2(f) of the application are as follows:
a. "The Defendant No.1 acknowledge the Plaintiffs to be the owner of copyright in the computer programs developed and marketed by them and undertakes that they will only use genuine software of the Plaintiffs, as per their current and future requirement, and will ensure that the Plaintiffs copyright in its computer programs are not infringed in any manner across its offices.
CS(COMM) 60/2015 page 1 of 3 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:06.05.2022 16:11:12 b. The Defendant No.1, during the pendency of the suit, to the satisfaction of the Plaintiffs, made purchases of software licenses owned by the Plaintiffs, to make the usage at their offices licensed and legal.
c. The parties agree and undertake that the signatories to the present settlement are fully competent and authorized to enter into the present compromise application.
d. The parties hereby agree that all the terms and conditions laid out in the present application are fair and reasonable and have been entered into after full appreciation of its various clauses and implications.
e. In light of the present settlement entered into between the Plaintiffs' and the Defendant No.1, the Plaintiffs do not wish to press any relief against the Defendant No.2. The Plaintiff has been informed that the Defendant No. 2 is no longer associated with the Defendant No. 1 and may therefore be deleted from the present array of parties.
f. The parties agree that all their disputes have been resolved by virtue of this compromise application, and the Plaintiffs would not institute or press any further remedies available to them against Defendant No. 1, for infringement of copyright in the software programs of the Plaintiffs' prior to the date of execution of the present settlement."
3. This Court has perused the terms of settlement and the same are found to be lawful.
4. Needless to state, the parties concerned shall remain bound by the terms of the Settlement Agreement and the undertakings given therein.
5. In view of the above, application is allowed and disposed of.
CS(COMM) 60/2015 page 2 of 3 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:06.05.2022 16:11:12 CS(COMM) 60/2015
6. In view of the order passed today in I.A. 6704/2022, Suit stands decreed.
7. Registry is directed to draw up the decree sheet. The terms of the Settlement Agreement shall form part of the decree.
8. Suit stands disposed of along with all pending applications.
9. Since the matter has been settled at an early stage of the proceedings, Plaintiffs are entitled to refund of Courts Fees deposited by them, in accordance with the provisions of Section 16 of the Court Fee Act, 1870 read with Section 89 CPC.
JYOTI SINGH, J
MAY 02, 2022/st
CS(COMM) 60/2015 page 3 of 3
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:06.05.2022
16:11:12