Shri Sayed Asghar Ali vs Shri Amir-Udin And Another
2015 Latest Caselaw 8396 Del

$~19
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 405/2008
       SHRI SAYED ASGHAR ALI                      ..... Plaintiff
                     Through : Mr. Sarfaraz Khan, Advocate
                     with P-4 in person.

                      versus
       SHRI AMIR-UDIN AND ANOTHER                   ..... Defendants
                      Through : Mr. Sunil Lalwani, Advocate
                      with D-1 in person.
       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                      ORDER

% 05.11.2015

1. This order is in continuation of the order dated 29.10.2015, on

which date, counsels for the parties had jointly stated that they have

arrived at a settlement, whereunder defendants have agreed to pay a

sum of Rs.30.00 lacs to the plaintiffs in full and final settlement of the

disputes, subject matter of the present suit, within six months. On the

said date, the defendants were directed to pay a sum of Rs.5.00 lacs

to the plaintiff on or before 3.11.2015 and the balance amount was

agreed to be liquidated on monthly basis so that the final instalment is

paid on or before 30.4.2016.

2. Today, counsel for the defendants hands over six cheques

bearing Nos.617773, 617774, 617775, 617776, 617777 and 61778, all

drawn on State Bank of India, Jama Masjid, Delhi in the sum of

Rs.5.00 lacs each in favour of the legal heirs of the plaintiff, out of

which the cheque bearing No.617778 is dated 5.11.2015 and the

remaining five cheques are post dated. Counsel for the defendants

assures the Court that as and when presented, the said cheques shall

be honoured. Counsel for the plaintiffs accepts the said cheques. It is

agreed the said cheques shall be presented by the plaintiffs every

month starting from 5.12.2015 and ending on 5.4.2016.

3. As counsel for the parties state that having received the

amounts agreed upon, nothing further survives for adjudication in the

present suit, the suit is disposed of, while binding the defendants to

the submission made herein above.

4. At this stage, learned counsel for the plaintiffs states that in

view of the fact that the parties have arrived at an out of court

settlement, the plaintiffs are 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

plaintiffs, the Registry is directed to issue a certificate in favour of the

plaintiffs for refund of 50% of the court fees, in terms of the Court

Fees Act.

6. File be consigned to the record room.

HIMA KOHLI, J NOVEMBER 05, 2015/sk/ap