1. A third party files an Application in Application No.495 of 2007 seeking to strike out its name referred to as the representative of the Defendant. Application No.2132 of 2007 is filed by the plaintiff praying to implead Microsoft Corporation India Private Limited as Second Defendant by deleting Microsoft Corporation India Private Limited as representative for the Defendant.

2. The third party, in Application No.495 of 2007, has contended that the applicant-Microsoft Corporation India Private Limited (for short Microsoft India) is an independent Company incorporated under the Companies Act, 1956 and has maintained a separate legal entity and as such it has got no right or authority to represent Microsoft Corporation, USA (for short Microsoft USA) though the Microsoft India, is a subsidiary of Microsoft USA. Therefore, the name of the applicant incorporated as representative of the Defendant should be removed from the cause title.

3. The applicant/plaintiff in Application No.2132 of 2007 has contended therein that inasmuch as Microsoft India has submitted that it has got no right to represent Microsoft USA, the description of the Defendant represented by Microsoft In