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HIGH COURT OF DELHI
CS(OS) No. 674/2011 MICROSOFT CORPORATION & ANR Plaintiffs
Through Ms. Mihira Sood, Adv. with Mr. Sudhir Thakur,constituted attorney ofthe plaintiffs
Through Mr. Ashish Shrishchandra Gandhi, constituted attorney of defendant nos.2 to 5 in person.
30.09.2011 lA No.15863/2011(Under Order 23 Rule 3 CPC)
ORDER
1. This application has been jointly filed by the parties placing the settlement arrived at between them on record. On behalf of the plaintiffs, the application has been signed by Mr. Sudhir Thakur, constituted attorney ofthe plaintiffs. Mr.Ashish Shrishchandra Gandhi, nas signed the application as constituted attorney of the defendant nos.[2] to 5. Shri Gandhi has produced his election card in support of his identity proof which has been scrutinized.
2. The application is in writing and signed by both parties. The signatures ofthe constituted attorney ofthe plaintiffs is seen and 2011:DHC:15194 - 2 identified by learned counsel for the plaintiffs. The application is supported by the affidavits of the parties.
3. The application is in writing and signed by the parties. The settlement appears to be voluntary, bona fide and entered into without any kind of force, pressure or undue influence. There is no legal impedimentfor taking the same on record.
4. The parties have given undertakings to abide by the terms of the settlement. The same is accepted. A prayer is made that the suit be decreed on the terms of settlement.
5. It is, accordingly, directed as follows:-
(i) The settlement placed by the parties by way of this application is accepted.
(ii) The parties shall remain bound by the terms of the settlement,
(ill) The suit is decreed on terms mentioned in paras 1 to 9 of the application.
CS(OS) No. 674/2011 b. In view ofthe settlement between the plaintiff and defendants and the prayers made in lA No.15863/2011,which has been allowed today,it is directed that the suit of the plaintiff shall stand decreed on terms set out in paras 1 to 9 of the application and para 48(a)&(e)of the plaint. The remaining prayers made in the plaint shall stand rejected. - 3-
7. It is submitted by Shri Ashish Shrishchandra Gandhi, constituted attorney of the defendants that the amount payable by the defendants in terms of para 5 ofthe application shall be paid to the plaintiffs within ten days from today. The defendants shall remain bound by the statement given to this court. lA No.3934/2011
8. In view of the suit having been disposed of, this application does not survive for adjudication and is disposed of.
GITAMITTALJ SEPTEMBER 30,2011 aa