M/S Shruti & Siddharth Infratech ... vs Jai Pradeep Sen
2015 Latest Caselaw 7733 Del

$~19
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 3707/2014 & IAs No.7469/2015, 7889/2015 and
       24134/2014
       M/S SHRUTI & SIDDHARTH INFRATECH PVT LTD           ..... Plaintiff
                      Through : Mr. Abhinav Vishisht, Sr. Advocate
                      with Mr. Rajat Navet, Advocate

                         versus

       JAI PRADEEP SEN                                  ..... Defendant
                         Through : Ms. Niki Kantawala, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 08.10.2015

1. This order is in continuation of the order dated 2.9.2015, on

which date, the parties had arrived at a settlement. As recorded in

the said order, the plaintiff had agreed that they will pay the balance

sale consideration of Rs.4.50 crores to the defendant within 30 days,

subject to execution and registration of the sale deed by the defendant

in favour of the plaintiff and/or its nominee.

2. Counsel for the plaintiff states that the balance sale

consideration has been paid to the defendant and the defendant has

executed a sale deed in favour of the plaintiff's nominee on 24.9.2015

and now nothing further survives for adjudication in the suit.

3. The suit is accordingly disposed of, along with the pending

applications.

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

of the fact that the parties have arrived at a settlement prior to the

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

refund of 50% of the court fees in terms of Section 16A 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 Section 16A of the

Court Fees Act.

6. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 08, 2015 sk