Infinitum Infratech Pvt. Ltd. vs Aniljit Singh & Anr
2015 Latest Caselaw 7645 Del

$~16.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 2469/2015 and I.As.No.17028-29/2015

     INFINITUM INFRATECH PVT. LTD.              ..... Plaintiff
                    Through: Mr.Manish Kumar, Mr.Amit Kumar,
                    Mr.Piyush Kaushik & Mr.Nakul Jain, Advocates

                       versus

     ANILJIT SINGH & ANR.                       ..... Defendants
                    Through: Mr.Dheeraj Sachdeva, Advocate for
                    D-1
                    Mr.Akshay Makhija, Advocate for D-2

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 06.10.2015

I.A.21190/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the proceedings, they have

arrived at a settlement as recorded in the present application. The

terms and conditions of the settlement have been set out in para 4 of

the application whereunder, the parties have agreed that the

defendant No.1 shall withdraw from the project in question and the

plaintiff shall refund a sum of `2,15,00,000/- along with interest of

`20,00,000/- to the defendant No.1. Further, the defendant No.1 has

agreed to transfer his 50% rights in the land, subject matter of the

project, in favour of the defendant No.2 who is the owner of the

remaining 50% rights in the land. The remaining terms and conditions

of the settlement have been set out in paras 4(ii) to (x) of the

application.

2. Counsels for the parties jointly state that the suit may be

decreed in terms of the settlement arrived at between the parties.

3. The Court has perused the present application. The same has

been signed by the Director of the plaintiff company, defendants No.1

& 2 and their respective counsels. The application is supported by the

affidavits of the signatories to the application. As the counsels for the

parties jointly state that they 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 said settlement.

4. The suit is decreed, while leaving the parties to bear their own

expenses. Decree sheet be drawn accordingly.

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

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

prior to the pleadings being completed 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.

6. 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.

7. The suit is disposed of, along with pending applications.

File be consigned to the record room.

HIMA KOHLI, J OCTOBER 06, 2015 mk