Retail Royalty Company vs M/S Dfl Export House Company & Ors
2015 Latest Caselaw 5123 Del

$~17
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 3970/2014 & IA No.25943/2014
       RETAIL ROYALTY COMPANY                    ..... Plaintiff
                      Through : Ms. Sujata Chaudhary, Advocate

                         versus

       M/S DFL EXPORT HOUSE COMPANY & ORS          ..... Defendants
                      Through : Mr. Sanad Kr. Jha, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 17.07.2015 IA No.14057/2015 (joint application u/O XXIII R-3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the present suit, they have

arrived at an out of court settlement.

2. Counsels for the parties state that in terms of the settlement

arrived at between the parties, the defendants have given a series of

undertakings to the plaintiff, as set out in para 2 of the application and

in consideration of the said undertakings, the plaintiff has agreed not

to press for the reliefs at prayer clauses (f) to (g) of the plaint. They

state that a decree may be passed in favour of the plaintiff and against

the defendants in terms of settlement arrived at between the parties.

3. The Court has heard the counsels for the parties and examined

the averments made in the application. The same has been signed by

the constituted attorney of the plaintiff and the defendant No.2, who is

the sole proprietor of the defendants No.1 & 3 and the authorized

signatory of the defendant No.4, along with their respective counsels

and is duly supported by the affidavits of the signatories.

4. As counsels for the parties jointly state that their clients 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 said settlement. The

parties shall remain bound by the terms and conditions of the

settlement recorded in the application.

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 an out of court settlement,

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 in terms of Section 16A of

the Court Fees Act.

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

be consigned to the record room.

HIMA KOHLI, J JULY 17, 2015 sk/ap