M/S Arc Security Solutions Pvt. ... vs M/S Gammon India Limited & Anr
2015 Latest Caselaw 7722 Del

$~11
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 475/2012
       M/S ARC SECURITY SOLUTIONS PVT. LTD.              ..... Plaintiff
                      Through: Mr. Arun Kumar, authorized
                      representative of the plaintiff in person

                           versus

       M/S GAMMON INDIA LIMITED & ANR.           ..... Defendants
                     Through : Mr.Aniruddh Singh, Advocate for
                     D-1
                     Ms.Shobhna Takiar and Mr.Puneet Garg, Law
                     Officer of D-2/DMRC

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

       %                   8.10.2015

1.     Pursuant to the parties being referred to the mediation,            a

Settlement Agreement dated 7.4.2015 has been forwarded by the

Delhi High Court Mediation & Conciliation Centre. The terms and

conditions of the settlement are set out in para 6 of the Settlement

Agreement.

2. Mr.Arun Kumar, the authorized representative of the plaintiff

company states that they have received a sum of `20,20,000/- from

the defendant No.1 in full and final settlement of all its claims in the

suit and nothing further survives for adjudication therein.

3. The court has perused the Settlement Agreement dated

7.4.2015. The same has been signed by the authorized

representatives of the plaintiff and the defendant No.1 and their

respective counsels as also the mediator.

4. In view of the fact that the parties state that the agreed amount

of `20,20,000/- has been paid by the defendant No.1 to the plaintiff,

nothing further survives in the present suit. The Settlement

Agreement dated 7.4.2015 is taken in record. The parties shall remain

bound by the terms and conditions thereof.

5. The suit is disposed of.

6. At this stage, the authorized representative for the plaintiff

company states that in view of the fact that the parties have arrived at

a settlement through court annexed mediation prior to the stage of

completion of pleadings, the plaintiff is entitled to claim refund of the

court fees in terms of Section 16 of the Court Fees Act.

7. In view of the aforesaid submission, the Registry is directed to

issue a certificate in favour of the plaintiff for refund of the court fees,

as per law.

File be consigned to the record room.

HIMA KOHLI, J OCTOBER 08, 2015 mk/ap