Delhi High Court
Kirloskar Constructions And ... vs Indian Oil Corporation Ltd on 22 January, 2015
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 418/2012 & O.A.No.149/2013
Decided on : 22.01.2015
IN THE MATTER OF:
KIRLOSKAR CONSTRUCTIONS AND ENGINEERS LTD ..... Plaintiff
Through : Ms. Kanika Baweja and
Mr. Ashish Wad, Advocates
versus
INDIAN OIL CORPORATION LTD ..... Defendant
Through : Mr. Nikhil Mundeja, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J.(Oral)
I.A.No.1597/2015 (joint application u/O XXIII R-3 CPC)
1.
The present application has been jointly filed by the parties stating
inter alia that the subject matter of the present suit was referred for
mediation along with CS(OS)No.2666/2008, a suit pending between the
same parties and the disputes raised in both the suits have been finally
settled in terms of the Settlement Agreement dated 15.1.2015.
2. Counsels for the parties state that the terms and conditions of the
settlement have been partly set out in the Closure Agreement dated
14.1.2015, annexed with the application and the remaining terms are
contained in para 7 of the Settlement Agreement dated 15.1.2015. In
terms of the settlement, the plaintiff has agreed to withdraw both the
pending suits and on the said condition, the defendant has agreed to pay
a sum of Rs.29,01,103.20 paise to the plaintiff in full and final payment.
Further, the plaintiff has agreed to handover the original extension of the
Bank Guarantee No.25/09 dated 18.2.2009 to the defendant in terms of
para 7(iii) of the Settlement Agreement.
3. Counsel for the defendant states that his client has received the
aforesaid Bank Guarantee and assures the Court that the agreed amount
shall be remitted in the account of the plaintiff furnished by the counsel
for the plaintiff, within the agreed timeline.
4. The Court has perused the Settlement Agreement dated
15.1.2015. The same has been signed by the authorized representatives
of plaintiff and the defendant as also by their respective counsels and
the learned Mediator. Enclosed with it is the Board of Directors'
Resolution dated 28.10.2014 in favour of the authorized representative
of the plaintiff/Company and a Special Power of Attorney executed in
favour of the authorized representative. The Closure Agreement dated
14.1.2015 has also been signed the parties.
5. 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.
6. The Settlement Agreement dated 15.1.2015 and the Closure
Agreement dated 14.1.2015 are taken on record and the suit is decreed
in terms thereof. The suit is disposed of, along with the pending
application, while leaving the parties to bear their own costs.
7. The date already fixed in the suit, i.e., 9.2.2015 stands cancelled.
I.A.No.1598/2015 (by the plaintiff u/Sec.16A of the Court Fees
Act, 1870)
1. The present application has been filed by the plaintiff praying inter
alia for refund of the court fees in terms of Section 16A of the Court Fees
Act, 1870)
2. 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 stage of framing of issues, the plaintiff is entitled
to claim refund of 50% of the court fees in terms of Section 16-A of the
Court Fees Act.
3. 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.
4. The application is disposed of.
5. File be consigned to the record room.
(HIMA KOHLI)
JANUARY 22, 2015 JUDGE
sk/rkb
