M/S Maharaja Whiteline ... vs M/S Lokwani Sales Pvt Ltd
2015 Latest Caselaw 6824 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3879/2014
      M/S MAHARAJA WHITELINE INDUSTRIES PVT LTD..... Plaintiff
                    Through Mr.A.S.Bakshi, Advocate

                         versus

      M/S LOKWANI SALES PVT LTD                 ..... Defendant
                    Through Mr.Ankit Vijaywargiya, Advocate


      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 10.09.2015

1. Pursuant to the parties being referred to the Delhi High Court

Mediation & Conciliation Centre, a Settlement Agreement dated

3.8.2015 has been placed on record. The Settlement Agreement has

recorded that the parties have arrived at a settlement in terms of the

Deed of Settlement dated 24.7.2015 enclosed therewith whereunder,

the defendant has agreed to pay a sum of Rs.3,71,379/- to the

plaintiff in full and final settlement of all its claims, subject matter of

the present suit. Further, goods worth Rs.1,86,000/- lying in the

defendant's warehouse have been returned to plaintiff.

2. Counsels for the parties state that both the parties have

discharged the obligations cast on them under the Settlement

Agreement. They state that the suit may be disposed of in terms of

the Settlement Agreement dated 3.8.2015 and the Deed of Settlement

dated 24.7.2015. The said documents are taken on record.

3. The suit is disposed of, while leaving the parties to bear their

own expenses.

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

of the fact that the parties have arrived at a settlement through court

annexed mediation before the pleadings could be completed in the

suit, the plaintiff is entitled to claim refund of the court fees in terms

of Section 16 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 the court fees, as per law.

6. The suit is disposed of.

File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 10, 2015 mk