Ankur Bhateja vs M/S Parsvanath Developers Ltd
2015 Latest Caselaw 3730 Del

35.
*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 190/2013 and IAs No.1013/2015, 1615-16/2015
      and OA No.23/2015

                                                  Decided on 07.05.2015
IN THE MATTER OF:
ANKUR BHATEJA                                             ..... Plaintiff
                        Through : Mr. Neeraj Singh, Advocate

                        versus

M/S PARSVANATH DEVELOPERS LTD                    ..... Defendant
                   Through : Mr. Rakesh Bhardwaj, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. Counsels for the parties jointly state they have arrived at an out

of court settlement and the same has been reduced into a Memorandum

of Settlement dated 7.5.2015, whereunder the defendant has agreed to

pay a sum of Rs.33,95,521/- to the plaintiff in full and final settlement

of all his claims, subject matter of the present suit, along with interest

@13.5% p.a. from the date of deposit of each of the instalments. It is

stated that post dated cheques have been given by the defendant to the

plaintiff towards the satisfaction of the aforesaid amount and the

defendant has given an assurance that as when the said cheques are

presented for encashment, the same shall be duly honoured. The

Memorandum of Settlement dated 7.5.2015 is taken on record.

2. As counsels for the plaintiff and the defendant 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

settlement. The parties shall remain bound by the terms and conditions

of the settlement recorded in the Memorandum of Settlement dated

7.5.2015.

3. The suit is decreed in terms of the settlement arrived at and

recorded in the aforesaid Memorandum of Settlement, while leaving the

parties to bear their own costs.

4. At this stage, learned counsel for the plaintiff states that in view of

the fact that the parties have arrived at a settlement at the stage of

pleadings, the plaintiff is entitled to claim refund of 50% of the court

fees in terms of Section 16-A of the Court Fees Act.

5. 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.

6. The suit is disposed of, along with the pending applications and

the Chamber Appeal.

7. File be consigned to the record room.

                                                        (HIMA KOHLI)
MAY 07, 2015/sk                                            JUDGE