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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3616/2014
AJAY AGGARWAL & OTHERS ..... Plaintiffs
Through: Mr. I. Ahmad, Advocate for
Mr. S. D. Ansari, Advocate
versus
LUV BHARDWAJ ..... Defendant
Through: Mr. Manohar Malik, Advocate with
Mr. Devashish Bhadauria, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 16.09.2016 I.A. 11408/2016 (joint application u/O XXIII R 1 CPC)
1. The present application has been jointly filed by the plaintiffs and the defendant stating inter alia that during the pendency of the suit, they have arrived at an out of court settlement, reduced into writing by virtue of a Memorandum of Settlement dated 05.09.2016, whereunder the defendants has agreed to pay a sum of Rs.4,49,99,995/- to the plaintiffs in full and final settlement of all their claims, subject matter of the present suit.
2. Counsel for the plaintiffs states on instructions that the aforesaid agreed amount has been received by his clients and in view of the said settlement, nothing further survives for adjudication in the present suit, which may be disposed of.
3. The Court has perused the present application as also the CS(OS) 3616/2014 Page 1 of 2 Memorandum of Settlement dated 05.09.2016. The Memorandum of Settlement has been signed by the plaintiff No.1 for self and as Power of Attorney Holder of the remaining plaintiffs and by the defendant. The application has been signed by the counsel for the plaintiffs and the counsel for the defendant and is duly supported by the affidavits of the plaintiff No.1 and the defendant.
4. In view of the fact that the parties have arrived at an out of court settlement by virtue of the Deed of Settlement dated 05.09.2016 and the defendant has paid the agreed amount to the plaintiffs, nothing further survives for adjudication in the present suit.
5. Accordingly, the application is allowed. The suit is disposed of while leaving the parties to bear their own expenses.
6. At this stage, learned counsel for the plaintiffs states that in view of the fact that the parties have arrived at an out of court settlement prior to the stage of framing of issues in the suit, the plaintiffs are entitled to claim refund of 50% of the court fees in terms of Section 16-A of the Court Fees Act.
7. In view of the aforesaid submission made by the counsel for the plaintiffs, the Registry is directed to issue a certificate in favour of the plaintiffs for refund of 50% of the court fees, as per law.
8. The suit is disposed of alongwith the pending application.
9. File be consigned to the record room.
10. The dates fixed, i.e., 21.9.2016 and 23.09.2016 stand cancelled.
HIMA KOHLI, J SEPTEMBER 16, 2016/rkb CS(OS) 3616/2014 Page 2 of 2