Allowed

Microsoft Corporation & Anr. v. Sujan Kumar & Ors.

Delhi HC3 May 2016RFA(OS)(COMM)/1/2016

Case brief

AI extract

What is this about?

This application sought to regularize a settlement between the proceeding parties. Both parties confirmed the settlement terms, with the respondents depositing Rs 10,00,000/- in partial support. The court accepted the settlement, ordered the release of seized computer systems, and discharged the superdari.

What did the court decide?

Settlement taken on record; computer systems released; superdari discharged; decree prepared per settlement terms.

Microsoft Corporation & Anr. Vs Sujan Kumar… — Contract and Commercial Disputes | Delhi HC (2016)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA(OS)(COMM) 1/2016

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MICROSOFT CORPORATION & ANR ..... Appellants Through Ms Safia Said with Mr Amlan J. Ray, Advocates.

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versus

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SUJAN KUMAR & ORS ..... Respondents Through Mr Pranay Agrawala, Advocate. CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 03.05.2016

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CM No.16239/2016

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This is an application under Order XXIII Rule 3 Read with Section 151 of the Code of Civil Procedure, 1908 jointly filed on behalf of the appellants/plaintiffs and respondents/defendants.

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The parties have settled. The terms of the settlement are recorded in paragraph 2 of this application itself. The said application has been signed by the authorized representatives of the plaintiffs and defendants. The requisite Board Resolutions are annexed alongwith the application. The undertakings given by the respondents/defendants in paragraph 2(a) of the said application are accepted and taken on record. The respondents/defendants have handed over a sum of Rs 10,00,000/- by way of a demand draft in favour of Saikrishna & Associates in terms of paragraph 2(c) of the application. The learned counsel for the appellants/plaintiffs acknowledges receipt of the said sum of Rs 10,00,000/-.

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In view of the fact that the payment has been made and the parties have settled, the computer systems which have been taken into custody by the Local Commissioners stand released to the respondents/defendants and they shall be entitled to remove the seals and use the computer systems. The superdari stands discharged.

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We have gone through the terms of settlement and we find the same to be lawful. Affidavits in support of the settlement have also been filed on behalf of each of the parties. The compromise/settlement is taken on record. Parties shall be bound by the same. The decree be prepared in terms of the settlement/compromise.

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The appeal is disposed of in terms of the said decree.

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BADAR DURREZ AHMED, J

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SANJEEV SACHDEVA, J

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MAY 03, 2016 st

Microsoft Corporation & Anr. v. Sujan Kumar & Ors.

Case brief

What is this about?

What did the court decide?

Microsoft Corporation & Anr. v. Sujan Kumar & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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