Sanjiv Agrawal vs R.K. Shah
2015 Latest Caselaw 2316 Del

$~40
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1649/2013
       SANJIV AGRAWAL                           ..... Plaintiff
                     Through: Mr. T.V.S. Raghvendra Sreyas,
                     Advocate

                        versus

       R.K. SHAH                                    ..... Defendant
                        Through: Mr. Ankur Goel, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 18.03.2015

I.A. 5623/2015 (by the plaintiff u/O XXIII R 1 CPC)

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

inter alia that during the pendency of the present proceedings, the

parties were referred to mediation and pursuant thereto, the Delhi

High Court Mediation and Conciliation Centre was able to facilitate a

settlement between them. The settlement was reduced into writing by

virtue of a Settlement Agreement dated 24.02.2015, a copy whereof

has been enclosed with the present application and is marked as

Annexure A-1.

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

arrived at between them, the plaintiff had agreed to receive a sum of

`13,50,000/- in full and final settlement of all his claims in the present

case.

3. Counsel for the defendant states that he has brought a demand

draft bearing No.253812 dated 06.02.2015 for a sum of `13,50,000/-

drawn on Bank of Maharashtra, Mumbai, which is handed over to the

counsel for the plaintiff. Having received the said amount, learned

counsel for the plaintiff states that he may be permitted to withdraw

the present suit in terms of the settlement recorded before the

Mediation Centre.

4. Leave, as prayed for, is granted. The suit is disposed of in terms

of the settlement arrived at between the parties.

I.A. /2015 (to be numbered) (by the plaintiff for refund of the court fee)

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

inter alia that the court fee deposited in the case may be refunded

under Section 16 of the Court Fee Act in view of the fact that the

parties have arrived at a negotiated settlement through court annexed

mediation.

2. Issue notice.

3. Counsel for the non-applicant/defendant accepts notice and

states that he does not have any objection to the prayer made in the

present application.

4. In view of the aforesaid submission, the Registry is directed to

issue a certificate of refund of the court fees to the plaintiff under

Section 16 of the Court Fees Act.

5. File be consigned to the record room.

HIMA KOHLI, J MARCH 18, 2015 rkb