Akshara National Classical ... vs Transasian Industries ...
2015 Latest Caselaw 6878 Del

$~14.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 48/2015
      AKSHARA NATIONAL CLASSICAL THEATRE OF INDIA..... Plaintiff
                    Through: Mr. Kishan Rawat, Advocate with
                    Mr. Prabal Mehrotra, Mr. Rajan Narain and
                    Ms. Mohini Narain, Advocates with Ms. Jalabala
                    Vaidya, Secretary of the plaintiff in person.

                        versus


      TRANSASIAN INDUSTRIES EXPOSITION PVT LTD..... Defendant
                    Through: Ms. Nidhi Parashar, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 11.09.2015

I.A. 19125/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the suit, they have been able to

arrive at an out of court negotiated settlement. The terms and

conditions of the settlement have been set out in para 3 of the

application.

2. Counsels for the parties state that in terms of the settlement

arrived at between them, the defendant has handed over vacant

physical peaceful possession of the suit premises to the plaintiff on

10.09.2015. This leaves the amount of Rs.2,62,830/- that the

defendant has agreed to pay to the plaintiff on or before 01.10.2015.

Counsels for the parties state that the suit may be disposed of in

terms of the settlement recorded hereinabove.

3. The Court has heard the counsels for the parties and examined

the averments made in the application. The same has been signed by

the counsels for the parties and is duly supported by the affidavits of

the Secretary of the plaintiff and the Director of the

defendant/company.

4. As counsels for the parties jointly state that their clients have

arrived at the aforesaid settlement of their own free will and volition

and without any undue influence or coercion from any quarters, there

appears no legal impediment in accepting the said settlement. The

parties shall remain bound by the terms and conditions of the

settlement recorded in the application.

5. The suit is disposed of in terms of the settlement recorded in the

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

6. At this stage, counsel for the plaintiff states that the plaintiff

may be issued a certificate under Section 16-A of the Court Fee Act on

the ground that an out of court settlement has been arrived at

between the parties at the stage of completion of pleadings in the suit.

7. 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.

8. The suit is disposed of alongwith the pending application.

9. File be consigned to the Record Room.

HIMA KOHLI, J SEPTEMBER 11, 2015 rkb