Anand Gupta vs Mona & Anr
2015 Latest Caselaw 4376 Del

$~1 & 2
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2739/2011 & IA No.3423/2015 and
      CS(OS) 1561/2012
      ANAND GUPTA                                  ..... Plaintiff
                        Through :Mr. S.K. Sharma, Advocate with
                        plaintiff in person.

                        versus

      MONA & ANR                                     ..... Defendants
                        Through : Mr. Jagdish Vats, Advocate with
                        defendants in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 28.05.2015

1. Pursuant to the parties being referred to the Delhi High Court

Mediation and Conciliation Centre, the learned Mediator has submitted

a report dated 26.5.2015, stating inter alia that the parties have

arrived at a settlement in terms of the Settlement Agreement dated

19.5.2015, whereunder the plaintiff has agreed to withdraw the

present suits in view of the defendants agreeing to pay a sum of

`50.00 lacs to him in full and final settlement, as per the schedule set

out in para 7(b) of the Settlement Agreement.

2. Counsels for the parties jointly state that by now the defendants

have paid the entire agreed amount of `50.00 lacs to the plaintiff and

therefore nothing further survives for adjudication in the present suit.

3. Counsel for the plaintiff states that having received the sum of

`50.00 lacs from the defendants, as agreed upon, all the claims of the

plaintiff in both the suits stand satisfied.

4. It is relevant to note that the terms and conditions of the

settlement arrived at between the parties were referred to in the

orders passed on 25.2.2015, 19.3.2015 and 27.4.2015. Now that the

counsels for the parties jointly state that the defendants have paid the

entire agreed amount to the plaintiff, the Settlement Agreement dated

19.5.2015 is taken on record and the suits are disposed of, along with

the pending application, while leaving the parties to bear their own

costs.

5. The date already fixed in the suits, i.e., 18.8.2015 stands

cancelled.

I.A.No.11812/2015 (by the plaintiff u/Sec.16 of the Court Fees Act for refund of the court fees) in CS(OS)No.2739/2011

1. Counsel for the plaintiff states that in view of the fact that the

parties have arrived at a settlement through the court annexed

mediation, prior to the issues being framed in the suit, the plaintiff is

entitled to claim refund of the court fees in terms of Section 16 of the

Court Fees Act.

2. 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 the court fees under Section 16 of the Court Fees

Act.

3. The application is disposed of.

I.A.No.11813/2015 (by the plaintiff u/Sec.16 of the Court Fees Act for refund of the court fees) in CS(OS)No.1561/2011

1. Counsel for the plaintiff admits that evidence had already

commenced in the present case and therefore, the present application

does not lie. The same is accordingly disposed of.

2. Files be consigned to the record room.

HIMA KOHLI, J MAY 28, 2015 sk