Bijender Chauhan @ Bijender Kumar vs M/S Financial Eyes(India) Ltd
2015 Latest Caselaw 1314 Del

$~12.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 2576/2011
     BIJENDER CHAUHAN @ BIJENDER KUMAR           ..... Plaintiff
                    Through: Mr. Avinash Trivedi, Advocate
                    versus

      M/S FINANCIAL EYES(INDIA) LTD              ..... Defendant
                     Through: Mr. Dhiraj Sachdeva, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 12.02.2015

1. Counsels for the parties jointly state that after the order dated

23.07.2013 was passed in I.A. 5269/2012, dismissing an application

filed by the defendant under Order XXXVII Rule 3(5) CPC, and

decreeing the suit in favour of the plaintiff, the defendant had filed an

appeal, registered as RFA(OS) 149/2013 that was allowed by the

Division Bench vide order dated 11.11.2014, whereunder conditional

leave to defend was granted to the defendant. It is submitted that in

the meantime, based on the judgment and decree dated 23.07.2013,

the plaintiff had filed an execution petition, registered as EX.P.

326/2014. During the pendency of the said petition, the parties were

able to arrive at a negotiated settlement, whereunder the defendant

had agreed to pay a sum of `31,25,000/- to the plaintiff in full and

final settlement of all his claims against it.

2. Counsels for the parties state that the aforesaid position was

recorded in the order dated 27.01.2015, passed in EX.P. 326/2014

and the said petition was disposed of with directions that the suit file

shall be placed before the Court for appropriate orders.

3. Counsel for the plaintiff states that the cheque for the agreed

amount of `31,25,000/- tendered by the defendant to his client has

been duly encashed and he does not wish to pursue the present suit

any further and requests that the suit may be disposed of.

4. In view of the joint submission made by the counsels for the

parties as recorded above, the present suit is disposed of, while

leaving the parties to bear their own costs.

5. At this stage, learned counsel for the plaintiff states that as the

parties have arrived at a settlement and pleadings have yet to be

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.

6. In view of the 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, J FEBRUARY 12, 2015 rkb