Pankaj Bhatia vs S Ajeet Singh & Ors.
2015 Latest Caselaw 8111 Del

$~15
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1306/2015 & I.A. No. 9857/2015 & CC No.91-92/2015
       PANKAJ BHATIA                                                     ..... Plaintiff
                           Through: Mr. B.K. Pandey, Advocate.

                           versus

       S AJEET SINGH & ORS.                        ..... Defendant
                      Through: Mr. Rakesh Patiyal, Advocate.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

       %                   28.10.2015

1.     The   plaintiff   has   instituted    the       present   suit    against     the

defendants for recovery of Rs.14,48,191/-, towards the price of spare

parts/car parts; for recovery of Rs.72,000/- towards security amount

paid in respect of premises No. C-67, Ganesh Nagar, Pandav Nagar

Complex, Delhi-92, for a decree of Rs.3 lacs towards damages,

permanent and mandatory injunction.

2. Apart from a written statement, the defendant no.1 has filed a

counter claim against the plaintiff for recovery of a sum of

Rs.5,60,000/- with interest. A separate counter claim has been filed by

all the defendants for recovery of damages and arrears of rent from

the plaintiff in respect of the suit premises.

3. Learned counsels for the parties state that during the pendency

of the present suit, the parties were able to arrive at an out of Court

negotiated settlement that was reduced into writing by virtue of a

Compromise Deed dated 15.10.2015, placed at pages-44 to 48 of the

part-I file. They state that in terms of the settlement arrived at

between the parties, the plaintiff has removed all his goods from the

suit premises and after vacating the same, handed over the vacant

possession thereof to the defendants. The plaintiff has also paid a sum

of Rs.1 lacs to the defendants in full and final settlement of all the

claims made against him. Counsels for the parties state that in view

of the settlement arrived at, nothing further survives in the present

suit and the counter claims, which may be disposed off.

4. Accordingly the Compromise Deed dated 15.10.2015 duly

executed by the parties, is taken on record. The parties shall remain

bound by the terms and conditions thereof. The suit and the counter

claims are disposed of in terms of the settlement arrived at between

the parties, while leaving them to bear their own expenses.

5. At this stage, counsels for the parties state that as the parties

have arrived at an out of court negotiated settlement prior to the

stage of framing of issues in the present suit, they are entitled to claim

refund of 50% court fees.

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

issue certificates of refund of 50% court fees to the plaintiff and the

defendants under Section 16A of the Court Fees Act.

7. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 28, 2015 ap/mk