Delhi High Court
Moser Baer India Ltd vs Sanjay Jain & Ors on 29 September, 2015
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2229/2010
MOSER BAER INDIA LTD ..... Plaintiff
Through : Mr. Ankit Rastagi, Advocate
versus
SANJAY JAIN & ORS ..... Defendants
Through : Mr.Ayush Chaudhary, Advocate
for D-1 & 2
with Mr. Sanjay Jain, proprietor of
D-2 in person.
Mr. Paramjeet Singh Chhabra, proprietor of
D-3 in person.
Mr. D. Hasija, Advocate with
Mr. Rajinder Rawat, AR of D-4.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 29.09.2015
1. Amended memo of parties has not been placed on record.
However, counsel for the plaintiff hands over a copy thereof, which is
taken on record.
2.. Pursuant to the parties being referred to the Delhi High Court
Mediation and Conciliation Centre, a Settlement Agreement dated
28.8.2015 has been placed on record.
3. Counsels for the parties state that in accordance with the terms
and conditions of the settlement, the defendants No.1 & 2 have agreed
to pay a sum of Rs.25,000/- to the plaintiff as token costs. The
defendant No.3 shall pay a sum of Rs.10,000/- and defendant No.4
shall pay a sum of Rs. 1.00 lac to the plaintiff as token cost.
4. Counsel for the plaintiff states that he has received a sum of
Rs.25,000/- from the defendants No.1 & 2 and a sum of Rs.1.00 lac
from the defendant No.4, thus leaving the defendant No.3.
5. Counsel for the defendant No.3 hands over a demand draft for a
sum of Rs.10,000/- to the counsel for the plaintiff, which is duly
accepted.
6. Counsels for the parties jointly state that the suit may be
decreed in terms of the settlement arrived at between the parties.
7. The Court has perused the Settlement Agreement. The terms
and conditions of the settlement are set out in para 7 (a) to (q). The
Settlement Agreement has been signed by the authorized
representatives of the plaintiff, defendant No.4 and the sole
proprietors of the defendants No.1 to 3 and their respective counsels
as also by the learned Mediator.
8. As counsels for the plaintiff and the defendants jointly state that
they 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 Settlement Agreement is taken on record and the
parties shall remain bound by the terms and conditions thereof.
9. The suit is decreed, while leaving the parties to bear their own
expenses. Decree sheet be drawn accordingly.
10. The suit is disposed of.
IA No. 20596/2015 (by the plaintiff u/Sec. 16 of the Court Fees
Act, 1870)
1. The present application has been filed by the plaintiff stating
inter alia that in view of the fact that the parties have arrived at a
settlement through court annexed mediation, prior to the stage of
framing of issues in the suit, the plaintiff is entitled to claim refund of
the court fees in terms of Section 16 of the Court Fees Act.
2. In view of the averments made in the application, the same is
allowed. Registry is directed to issue a certificate in favour of the
plaintiff for refund of the court fees under Section 16 of the Court Fees
Act.
3. The application is disposed of.
4. File be consigned to the record room.
(HIMA KOHLI)
SEPTEMBER 29, 2015 JUDGE
sk
