Sushil Pandey vs M/S Granite Gate Properties(P) ...
2015 Latest Caselaw 2860 Del

61*         IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CS(OS) 1559/2012 IA No.19806/2012

                                                Decided on 09.04.2015
IN THE MATTER OF:
SUSHIL PANDEY                                             ..... Plaintiff
                        Through : Mr. Arjun Vinod Bobde, Advocate
                        with plaintiff in person.

                        versus

M/S GRANITE GATE PROPERTIES(P) LTD               ..... Defendant
                    Through : Mr. Ranvir Singh, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. The present case was listed on 7.4.2015, on which date,

counsels for the parties had informed the Court that they had been

able to arrive at an out of court settlement, whereunder the defendant

has agreed to pay the plaintiff, simple interest @ 9% per annum on

the principal amount deposited by him with the defendant. The

parties were directed to inform the Court as to the exact figure

payable by the defendant to the plaintiff and at joint request, the case

was adjourned for today.

2. Today, counsel for the defendant states that the principal

amount deposited by the plaintiff with the defendant comes to

`16,55,442/- and the interest on the aforesaid amount, if calculated @

9% p.a., from the date of cancellation of the Buyers agreement, i.e.,

from 19.10.2011 till date, comes to `5,17,178/-. He states that a

total sum of `21,72,620/- is payable by the defendant to the plaintiff

in full and final settlement of all the claims against the defendant

company and the same shall be paid within one week from today.

3. The aforesaid amount shall be deposited by the defendant

directly in the account of the plaintiff through RTGS. The details of the

plaintiff's Bank account shall be furnished to the counsel for the

defendant in the course of the day. In case the aforesaid amount is

not deposited within the stipulated timeline, then the plaintiff shall be

entitled to approach the Court for appropriate orders.

4. The suit is disposed of, along with the pending application.

5. 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.

6. 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.

7. File be consigned to the record room.

                                                       (HIMA KOHLI)
APRIL 09, 2015/sk                                         JUDGE