March 2, 2012
Taking exception to the clubbing of Microsoft India with other social networking websites in a suit for action against them for allegedly hosting offensive contents, a Delhi court today dropped the software giant's name out of the suit calling it an "odd man out".
The court also imposed a cost of Rs 5,000 on plaintiff Mufti Aijas Arshad Quasmi for impleading Microsoft as a party without disclosing any cause of action against it.
March 2, 2012
Taking exception to the clubbing of Microsoft India with other social networking websites in a suit for action against them for allegedly hosting offensive contents, a Delhi court today dropped the software giant's name out of the suit calling it an "odd man out".
The court also imposed a cost of Rs 5,000 on plaintiff Mufti Aijas Arshad Quasmi for impleading Microsoft as a party without disclosing any cause of action against it.
"I am unable to understand how could Microsoft India Pvt Ltd be included in a bracket which lists social networking websites. It is a company engaged in development and sale of software and computing solutions etc.
"It is not a website which provides a platform to the people where they can interact with each other and post or publish their views on various issues or subjects," Administrative Civil Judge Parveen Singh said.
"Thus, in fact, Microsoft India is an odd man out in the array of parties. Its working and functioning is entirely different and unrelated to all other defendants," he added.
The ACJ imposed the cost on the plaintiff and asked it to pay the same to Microsoft for making it a party in the suit without verifying if it is engaged in running a social networking site or providing a platform to the general public to express and post their views.
"I am of the view that the plaintiff has not acted responsibly in making Microsoft a party and put it to expenses by virtue of his act of impleading it as a party without disclosing any cause of action against it. The plaintiff needs to compensate Microsoft for the cost incurred by it. The plaintiff is burdened with a cost of Rs 5,000 to be paid to Microsoft," he said.
Source: economictimes
