Microsoft Corporation & Ors. v. Yogesh Rathod & Ors.

Delhi High Court · 20 Nov 2015 · 2015:DHC:9504
Hima Kohli
CS(OS) 3188/2012
2015:DHC:9504
civil appeal_allowed

AI Summary

The Delhi High Court made absolute an interim injunction against unauthorized use of software after defendants complied by purchasing licensed software and undertook not to infringe in future, disposing of the suit accordingly.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 3188/2012 and I.A. 19913/2012, 19916/2012
MICROSOFT CORPORATION & ORS ..... Plaintiffs
Through: Mr. Pravin Anand, Advocate with Mr. Shantanu Sahay and Mr. Aasish Somasi, Advocates
VERSUS
YOGESH RATHOD & ORS ..... Defendants
Through: Ms. Malavika Lal, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 20.11.2015
I.A. 9779/2013 (by the defendants u/O VII R 10 & 11 CPC)
JUDGMENT

1. Pleadings are complete.

2. An ex-parte ad interim injunction order was granted in favour of the plaintiffs on 06.11.2012, whereunder the defendants were restrained from directly or indirectly reproducing/storing/installing and/or using pirated/unlicensed software of the plaintiffs.

3. Counsel for the defendants states that pursuant to the aforesaid order, her clients have already purchased the requisite software and the defendants undertake not to reproduce/store/install and/or use pirated/unlicensed software of the plaintiffs in future. CS(OS) 3188/2012 2015:DHC:9504

4. In view of the aforesaid submission, learned counsel for the plaintiffs states that the plaintiffs are ready and willing to give up the claim of damages against the defendants.

5. Accordingly, while binding the defendants to the statement recorded hereinabove, the interim order dated 06.11.2012 is made absolute and the suit is decreed in terms of the said order, while leaving the parties to bear their own expenses. Decree sheet be drawn accordingly.

6. The suit is disposed of alongwith the pending applications. HIMA KOHLI, J NOVEMBER 20, 2015 rkb/ap