MICROSOFT CORPORATION & ANR v. HITESH & ORS

Delhi High Court · 19 Jan 2011 · 2011:DHC:14502
Gita Mittal
CS(OS) No. 1823/2010
2011:DHC:14502
civil appeal_allowed

AI Summary

The Delhi High Court allowed the parties' settlement under Order 23 Rule 3 CPC, recorded the settlement, and decreed the suit accordingly.

Full Text
Translation output
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HIGH COURT OF DELHI
CS(OS) No. 1823/2010 MICROSOFT CORPORATION & ANR Plaintiffs
Through:Ms.Safia Said, Advocate. versus' HITESH & ORS Defendants
Through:Mr.Manoj Kumar Mishra, Advocate.
CORAM:
HON'BLE MS. JUSTICE GITA MITTAL
19.01.2011 lA no.17309/2010 (U/0.23 R.3 CPC)
ORDER

1. This application has been filed by the parties under Order 23 Rule 3 CPC setting out the terms of a settlement arrived at between ( them in para 2 of the application.

2. The application is signed by Shri Vishal Ahuja, the constituted attorney of the plaintiffs and by Ms.Parveen Akhter, authorized signatory of defendant nos.[2] & 3.

3. The defendants have placed on record extracts of the minutes book placing the resolution passed in the meeting dated 26'^'^ October, 2010 of the board of directors M/s.First Flight Exim Pvt.Ltd. - the defendant no.3, authorising Ms.Parveen Akhter to • sign all legal documents on behalf of,the company and to appear before the Court Tor all the legal proceedings on behalf of the defendants-company. 2011:DHC:14502 r\-\< ) 0: 2:

4. The defendants have also filed copy of the resolution passed dated 25'^ October, 2010, authorizing Ms.Parveen Akhter to sign all legal proceedings and to appear before the court on behalf of M/s.First Flight Couriers Ltd. - the defendant no.2. The application is accompanied by the affidavits of the authorized representatives of the parties.

5. The settlement between the parties is in writing and appears to be voluntary and bona fide. There is no legal impediment to taking the same on record. The same is accordingly taken on record. The parties shall remain bound by the terms of the settlement. The application is allowed. CS(OS) no.1823/2010 In view of the settlement placed before the Court in lA no.17309/2010, the suit is decreed in the terms.set out in para 2(a) to 2(j) of this application. The Registry shall draw up a decree in terms thereof. lA No.11888/2010 In view of the orders passed in the suit, this application does not survive for adjudication and is disposed of as such.