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CS(OS) 827/2011
MICROSOFT CORPORATION & ORS Plaintiff
Through Mr. Bharat S. Kumar, Adv.
Through Ms. Pratibha M. Singh and Mr. Sudeep Chatterjee, Adv.
24.08.2011 lA No.13354/2011 (Under Order 23 Rule 3 CPC)
ORDER
1. This application has been jointly filed by the plaintiffs and defendants under Order 23 Rule 3 of the CPC placing a settlement arrived at between them on record.
2. On behalf of the plaintiffs, the application is signed by Mr. Vishal Ahuja, constituted attorney of the plaintiffs. On behalf of the defendants, the application is signed by Mr. Suchit Suresh Guravdefendant no. 1 and Mr. Kaiyoz B. Billimoria-constituted attorney of defendant nos. 2 and authorized signatory for the defendant nos. 3, 4 and 5. Learned counsel for the parties have respectively identified the signatures of Mr. Vishal Ahuja, Mr. Suchit Suresh Gurav & Mr. Kaiyoz B. Billimoria on the application and the affidavits in support.
3. The terms of settlement between the parties have been set out ir 2011:DHC:1959[1] - 2 in para 2(a) to 2(i) of the application.
4. The parties have given undertakings in the application to rennain bound by the terms of the settlement.
5. Perusal of the application and the affidavits would show that the settlement between the parties is in writing and appears to be voluntary, bona fide and entered into without any kind of force, pressure or undue influence. There is no legal impediment for taking the same on record.
6. A prayer is made on behalf of both parties that the suit of the plaintiffs be decreed on terms set out in para 2(a) to 2(1) of the application.
7. In view of the above, it is directed as follows:-
(i) The settlement between the parties on terms detailed in para
(ii) The defendants shall remain bound by the terms of the settlement and undertakings given to this court.
(iii) This application is allowed in the above terms.
8. In view of the settlement between the plaintiffs and defendants placed on record by way of lA No.13354/2011, which has been allowed today, it is directed that the suit against the defendants shall stand decreed on terms and conditions set out in para 2(a) to 2(i) of the )L f yr' - 3 application which shall form part of the decree.
9. In terms of the settlement, the learned counsel for the defendants has handed over a demand draft in the sum of Rs.lO lakhs to learned counsel for the plaintiff.
10. The parties shall remain bound by their undertakings and terms of settlement.
11. The decree in terms of the above shall be drawn up by the ^ Registry. lA Nos.5441-5442/2011
12. In view of the suit having been decreed, these applications do not survive for adjudication and are disposed of. Gim mittaCj AUGUST 24, 2011 M kr