Exxon Mobil Corporation & Anr vs Pankaj Sukhia & Anr
2015 Latest Caselaw 2851 Del

51
*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+             CS(OS) 2059/2014 and IA No.21276/2014

                                                Decided on 09.04.2015

IN THE MATTER OF:
EXXON MOBIL CORPORATION & ANR                ..... Plaintiffs
                  Through : Mr. Zeeshan Khan, Advocate

                         versus

PANKAJ SUKHIA & ANR                                   ..... Defendants
                         Through : Mr. A.K. Goel, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A. No.7077/2015 (joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the

parties stating inter alia that during the pendency of the present

proceedings, they have arrived at an out of court settlement and the

details of the terms and conditions of the settlement have been set out

in para 4 of the application.

2. Counsels for the parties state that the suit may be decreed in

terms of the settlement arrived at between the parties.

3. The Court has pursued the present application. The same has

been signed by the constituted attorneys of the plaintiffs and the

defendants and their respective counsels. The application is also

supported by the affidavits of the signatories of the application.

4. As counsels for the plaintiff and the defendants jointly state that

their clients have arrived at the aforesaid settlement of their own free

will and volition and without any undue influence or coercion from any

quarters, there appears no legal impediment in accepting the

settlement. The parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

5. The suit is decreed in terms of the settlement arrived at and

recorded in the application, while leaving the parties to bear their own

costs.

6. At this stage, learned counsel for the plaintiff states that in view

of the fact that the parties have arrived at a settlement at the stage of

pleadings, the plaintiff is 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

plaintiff, the Registry is directed to issue a certificate in favour of the

plaintiff for refund of 50% of the court fees, as per law.

8. File be consigned to the record room.

                                                         (HIMA KOHLI)
APRIL 09, 2015 /sk                                          JUDGE