MICROSOFT CORPORATION Vs. H SHARMA

JUDGEMENT

(1.) THE plaintiffs had filed this suit against the defendants alleging infringement of their copyright in the software programme developed by the plaintiffs and in particular 'microsoft Windows XP Professional Version 2002' and 'microsoft Office 2003'. During the pendency of the suit, the plaintiffs and the defendants have arrived at an amicable settlement. The defendants have acknowledged the plaintiffs to be the proprietors and owners of the copyrights in the aforesaid software programmes and have apologised for the infringement on their part. The defendants have undertaken that they will not, in future, sell, offer for sale, distribute, issue to the public, any counterfeit/pirated/unlicenced versions of the plaintiffs' software or do any other act which would in any other manner amount to infringement of the plaintiffs' intellectual property rights. The defendants have also undertaken to pay to the plaintiffs the US dollar equivalent of a sum of Rs 1 lakh and the same stands paid. This payment is for the purposes of covering partial legal costs incurred by the plaintiffs in this suit. The rest of the terms and conditions which have been agreed upon by the parties are set out in this application itself.

(2.) THIS application has been signed by Mr Anand Banerjee on behalf of the plaintiffs as their Constituted Attorney. It has also been signed by Mr Harish sharma, who is the defendant No. 1, as also on behalf of the defendant No. 2 being the sole proprietor thereof. The affidavits of the said persons are also filed alongwith this application. The respective counsel for the parties have also affixed their signatures on this application. This application has been marked as Exhibit C-1.

(3.) IN consideration of the undertakings given by the defendants, the plaintiffs have agreed to forgo the prayers contained in paragraph 35 (b), (c), (d) and (e) of the plaint. The parties have agreed that a decree be passed in favour of the plaintiffs in terms of prayer contained in paragraph 35 (a) of the plaint after incorporating the terms of settlement indicated in this application.