Portrait Advertising & Marketing ... vs Next Retail India Limited
2015 Latest Caselaw 4327 Del

18
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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 326/2014 & IAs No.24687 & 25623/2014

      PORTRAIT ADVERTISING & MARKETING PVT. LTD.       ..... Plaintiff
                    Through Mr.Niraj Singh, Mr.A.K.Srivastav
                    Advocate

                        versus

      NEXT RETAIL INDIA LIMITED                  ..... Defendant
                     Through Mr.Ankur Aggarrwal and
                     Mr.Nitin Sharma, Advocates with AR of the
                     defendant in person

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 27.05.2015

1. On the last date of hearing, counsels for the parties had stated

that their clients had arrived at an out of court settlement, whereunder

the defendant had agreed to pay a sum of `55 lacs to the plaintiff, as

per the schedule recorded in the Memorandum of Understanding(MOU)

dated 6.5.2015. The said MOU has not been filed so far. Counsels for

the parties hand over a true copy of the MOU dated 6.5.2015.

2. Counsel for the plaintiff states that the defendant has paid the

last and final installment of `15 lacs to the plaintiff through cheque, on

25.5.2015 which has been duly honoured on being presented. He

states that now nothing further survives for adjudication in the present

suit.

3. While taking on record the MOU dated 6.5.2015, the suit is

disposed of, along with pending applications.

4. At this stage, learned counsel for the plaintiff states that as the

parties have arrived at an out of court settlement at the stage of

completion of pleadings in the suit, 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.

File be consigned to the record room.

HIMA KOHLI, J MAY 27, 2015 mk/ap