Remi Process Plant & Machinery ... vs M/S Fernas Construction Ltd.
2015 Latest Caselaw 6672 Del

19.
*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CS(OS) 516/2015 & IA No.3929/2015

                                           Decided on 07.09.2015
IN THE MATTER OF:
REMI PROCESS PLANT & MACHINERY LTD.                   ..... Plaintiff
                    Through : Mr. Debarshi B., Advocate

                           Versus

M/S FERNAS CONSTRUCTION LTD.                  ..... Defendant
                  Through : Mr.Sanjeev Srivastava, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. Vide order dated 16.7.2015, the Joint Registrar had recorded the

submission made by the counsel for the plaintiff that the plaintiff

wished to withdraw the present suit.

2. Pertinently, the defendant No.1 was represented through

counsel on the said date, but no written statement had been filed by it

and the name of the defendant No.2 had already been deleted vide

order dated 26.3.2015.

3. Counsel for the plaintiff reiterates the submission that his client

wishes to withdraw the present suit in view of a settlement arrived at

with the defendant.

4. Leave, as prayed for, is granted. The suit is disposed of, along

with pending application.

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

parties have been able to arrive at a 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.

File be consigned to the record room.

                                                       (HIMA KOHLI)
SEPTEMBER 07, 2015                                        JUDGE
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