Full Text
CS(OS) 277/2011
MICROSOFT CORPORATION & ORS
Through Ms.Jaya Negl, Adv.
Through Mr. A. Bhalla, Adv. Defendants
12.08.2011 lA No.12540/2011(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. It is pointed out by learned counsel for the plaintiffs that by an error in para 12 ofthe application,the prayer at para no.63(a) has been mentioned to be rejected whereas the same has to be decreed. On a reading of the application, learned counsel for the defendants agrees that para 63(a) of the plaint has to be decreed. It is ordered accordingly. 2011:DHC:1957[4] yQp - 2 -
3. On behalf of the plaintiffs, the application is signed by Mr. Achuthan Sreekumar, constituted attorney of the plaintiffs. Mr.Nitesh Lakkad, defendant no.l has signed the application. Mr. irfan Karim,authorized representative has signed the application on behalf of defendant nos.[2] & 3. The parties have placed true copy of a resolution dated 25'^^ March, 2011 of M/s Ugam Solution SEZ Private Limiteddefendant no.2 to enter into the settlement, which has been placed on record. Learned counsel for the parties have identified the signatures of Mr. Achuthan Sreekumar; Mr.Nitesh Lakkad & Mr. Irfan Karim respectively on the application and the affidavits in support.
4. The parties have placed as annexure'A'to the application details of the software licences purchased by the defendants and as annexure 'B'an undertaking on behalf of the defendants.
5. The terms of settlement between the parties have been set out in paras 3 to 10 of the application and para 63(a)&(e) of the plaint.
6. The parties have given undertakings in the application to remain bound by the terms of the settlement.
7. 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 offorce, pressure or undue influence. There is no legal Impediment for taking the same on record. - 3 -
8. A prayer is made on behalf of both parties that the suit of the plaintiffs be decreed on terms detailed in paras 3to 10 ofthe application and para 63(a)&(e)of the plaint.
9. In view of the above, it is directed as follows:-
(i) The settlement between the parties detailed in paras 3 to 10 of this application is accepted and taken on record.
(ii) The undertakings given by the parties in this application and
Annexure'B'are accepted. The defendants shall remain bound by the terms ofthe settlement and undertaking given to this court.
(iii) This application is allowed in the above terms.
10. In view of the settlement between the plaintiffs and defendants and the prayers made in lA No.12540/2011, which has been allowed today, it is directed that the suit as against the defendants shall stand decreed on terms and conditions set out in para 3 to 10 of the application and para 63(a) &(e) of the plaint, which shall form part of the decree. The prayer made in para 63(b),(c)&(d) of the plaint is rejected: 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. rf -4-
12. In terms of the settlement,learned counsel for the defendants has handed over two cheques for the total sum of Rs.16,00,000/- to learned counsel for the plaintiff in court today. lA No.1892/2011
13. In view of the suit having been decreed,this application does not survive for adjudication and is disposed of.
AUGUST 12, 2011 aa GITA/MITTAL^