M/S Zhuhai Hansen Technology Co ... vs M/S Shilpi Cable Technologies Ltd
2015 Latest Caselaw 4104 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2424/2012
      M/S ZHUHAI HANSEN TECHNOLOGY CO LTD             ..... Plaintiff
                    Through : Mr. Amit Bansal, Advocate

                        versus

      M/S SHILPI CABLE TECHNOLOGIES LTD            ..... Defendant
                     Through : Mr. Rajiv Shukla, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                    ORDER

% 21.05.2015 I.A.No.10995/2015 (by the plaintiff u/Sec.16 of the Court Fees Act r/w Sec.89 and 151 CPC)

1. Counsels for the parties jointly state that during the pendency of

the present proceedings, the parties were referred to mediation by the

Division Bench in the proceedings arising out of the Company Appeal

No.39/2013, wherein they have been able to arrive at a settlement. A

copy of the Settlement Agreement dated 1010.2014 has been

enclosed with the present application. Under the settlement, the

defendant had agreed to pay a sum of USD 800,000/- to the plaintiff

in full and final settlement of all its claims, subject matter of the

company appeal as also the present suit.

2. Counsel for the plaintiff confirms the fact that his client has

received the entire amount as settled, and submits that he does not

wish to press the present suit, and states that in view of the fact that

the parties have arrived at a settlement through the court annexed

mediation, the plaintiff is entitled to refund of the court fees under

Section 16 of the Court Fees Act. He adds that as the

plaintiff/company is based in China and it does not have any office or

a representative in India, at the time of instituting the suit, the court

fees had been paid through the counsel on record. He requests that

the when the certificate of refund of court fees is issued, the same

may be issued in the name of the counsel for the plaintiff, i.e., Kundra

and Bansal, who would then remit the refunded amount to the

plaintiff/company, as per law.

3. In view of the aforesaid submission, the suit is disposed of along

with the present application.

4. The Registry is directed to issue a certificate for refund of Court

fees in favour of the plaintiff, through counsel namely, Kundra and

Bansal, under Section 16 of the Court Fees Act. Counsel for the

plaintiff shall in turn remit the refunded court fees to his client, in

accordance with law.

5. File be consigned to the record room.

HIMA KOHLI, J MAY 21, 2015/sk