Krnal Agricultural Industries ... vs Prince Industries
2015 Latest Caselaw 1087 Del

$~24.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3836/2014
      KRNAL AGRICULTURAL INDUSTRIES LTD               ..... Plaintiff
                    Through: Mr. Vaibhav Vutts, Advocate with
                    Ms. Aamna Hasan, Advocate

                        versus


      PRINCE INDUSTRIES                        ..... Defendant
                    Through: Mr. Abhinav Sharma, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 05.02.2015

I.A. 2554/2015 (joint application u/O XXIII R 3 CPC)

1. The present application has been filed by the plaintiff stating

inter alia that the parties have arrived at a negotiated settlement.

2. The terms and conditions of the settlement are set out in para 2

of the application. In view of the undertaking given by the defendant

to the plaintiff and recorded in the application, the plaintiff has agreed

to give up the relief of damages/compensation against the defendant.

Counsels for the parties state that they shall remain bound by the

obligations undertaken by them and recorded in the compromise

application and request that the suit be decreed in terms thereof.

3. The application has been signed by the authorised signatory of

the plaintiff/company and the sole proprietor of the defendant. The

same is supported by the affidavits of the signatories to the

application. The application has also been signed by the counsel for

the plaintiff/company.

4. As the counsels for the plaintiff and the defendant jointly state

that they 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.

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

expenses.

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

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

court annexed mediation prior to the pleadings being completed in the

suit, 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, J FEBRUARY 05, 2015 rkb