Delhi High Court
M/S Independent News Services Pvt ... vs Crazi Mobapps And Ors on 26 February, 2015
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 4037/2014 & IA No.2389/2015
Decided on 26.02.2015
IN THE MATTER OF:
M/S INDEPENDENT NEWS SERVICES PVT LTD(INDIA TV)
..... Plaintiff
Through :Mr. Sudeep Chattarjee, Adv. with
Mr. Rahul Khanna, AR in person.
versus
CRAZI MOBAPPS AND ORS .... Defendant
Through : Mr. Rajat Aneja, Adv. for D-1 & 2.
Mr.Neel Masan, Adv. for D-3.
Ms. Mamta Jhg, Adv. for D-4.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
I.A. 3982/2015 (joint application u/O XXIII R 3 CPC)
1. Counsels for the plaintiff and the defendants No.1 & 2 state that
they have arrived at an out of court negotiated settlement.
2. Counsel for the plaintiff states that in view of the settlement
arrived at between the plaintiff and the defendants No.1 & 2, he may
be permitted to delete the names of the defendants No.3 & 4 from the
array of defendants.
3. Counsels for the defendants No.3 & 4 state that they have no
objection to the aforesaid request.
4. Counsel for the defendant No.4 goes on to state that he has
already filed an application, registered as IA No.2389/2015, for
seeking deletion of its name from the array of defendants.
5. In view of the submission made by the counsels for the parties,
IA No.2389/2015 is allowed and the names of the defendants No.3 & 4
are deleted from the array of defendants.
6. The terms and conditions of the settlement arrived at between
the plaintiff and the defendants No.1 & 2 are set out in para 4 of the
application, wherein certain undertakings given by the defendants
No.1 & 2 to the plaintiff have been recorded. The plaintiff has also
given some undertakings to the defendants No.1 & 2 in terms whereof
it has waived its claim of damages against the defendants No.1 & 2.
7. Both the parties state that in view of the settlement arrived at
between the plaintiff and the defendants No.1 & 2, the suit may be
decreed.
8. The Court has perused the application. The same has been
signed by the authorized signatories of the plaintiff and the defendants
No.1 & 2 as also by their respective counsels. The application is
supported by the affidavits of the authorized representatives of the
plaintiff and the defendants No.1 & 2.
9. As the counsels for the parties state that the parties 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 same. The parties shall
remain bound by the terms and conditions of the settlement arrived at
between them.
10. The application is allowed and the suit is decreed in accordance
with the terms and conditions of the settlement recorded in the
present application.
11. At this stage, learned counsel for the plaintiff requests that 50%
of the Court fees may be refunded to the plaintiff since the present
suit has been settled through an out of court settlement, well before
the stage of evidence.
12. In view of the provision of Section 16A of the Court Fees Act,
1870, the Registry is directed to issue a certificate in favour of the
plaintiff for refund of the Court fees to the extent of 50%.
13. The suit along with pending application is disposed of, while
leaving the parties to bear their own costs.
(HIMA KOHLI)
FEBRUARY 26, 2015 JUDGE
sk/rkb
