MICROSOFT CORPORATION Vs. PRITHVIRAJ

JUDGEMENT

(1.) The plaintiffs have filed the present suit for permanent injunction restraining infringement of copyrights, delivery up, rendition of accounts of profit, damages etc. Summons were issued in the suit on 13.08.2010 and on 24.052011. On an application for appointment of Local Commissioner filed by the plaintiffs, a Local Commissioner was appointed in the matter. None appeared on behalf of defendants despite service, hence defendants were proceeded ex parte on 24.10.2011.

(2.) The plaintiffs have filed affidavit by way of evidence of Constituted Attorney of Plaintiff No. 1 and Plaintiff No. 2 Col. J. K. Sharma (Retd.) (PW1). Letter of Authority and Power of Attorney in favour of Col.J.K.Sharma (Retd.) has been exhibited as Ex. P-1 and Ex. P-2 respectively. PW1 has deposed that at the time of filing of the present suit, Mr.Achuthan Sreekumar was the Constituted Attorney and that he recognizes the signature of Mr.Achuthan Sreekumar, affixed in the plaint in his capacity as the constituted attorney of plaintiffs. A photo copy of the Power of attorney and the Letter of authority as executed by the Plaintiff No. 1 and Plaintiff No. 2 in favour of Mr. Achuthan Sreekumar have been exhibited as Ex P-3 and Ex P-4

(3.) PW1 has also deposed that the Plaintiff No.1, Microsoft Corporation is a company organized and existing under the laws of the State of Washington, USA, having their principal office at One Microsoft Way, Redmond, WA 98052-6399, USA. He has further deposed that the Plaintiff No.2, Microsoft Corporation India Private Limited is the wholly owned marketing subsidiary of the Plaintiff No.1. Microsoft Corporation, having their office at Eros Corporate Towers, 5th Floor, Nehru Place, New Delhi-110 019, and is an entity incorporated and registered under the Indian Companies Act, 1956. The Plaintiff No.2 was set up in the year 1989 to provide marketing, promotion, anti-piracy awareness campaigns and actions and channel development support to the Plaintiff No.1 and/or its affiliates. Additionally, the products of the Plaintiff No.1 are distributed in New Delhi through various authorized distributors.