Novateur Electrical & Digital ... vs Simon Electric Pvt Ltd
2016 Latest Caselaw 5163 Del

$~38
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 3949/2014 & IA No.25761/2014
       NOVATEUR ELECTRICAL & DIGITAL SYSTEMS PVT LTD
                                                      ..... Plaintiff
                   Through : Ms. Apoorva Murari, Advocate

                          versus

       SIMON ELECTRIC PVT LTD                      ..... Defendant
                    Through : Mr. Mohinder Vig, Advocate
       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 05.08.2016 IA No.1525/2016 (joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the parties stating inter alia that during the pendency of the suit, they have arrived at an out of court settlement, which has been reduced into writing in terms of the Settlement Agreement dated 28.1.2016 and enclosed as Annexure-A to the application.

2. Counsels for the parties jointly state that the present suit may be decreed in terms of the settlement arrived at between the parties.

3. The Court has pursued the present application as also the Settlement Agreement dated 28.1.2016. The application has been signed by the authorized representatives of the plaintiff and defendants No.1 & 2 as also by their respective counsels and it is supported by the affidavits of the signatories to the application. A copy of the Settlement Agreement dated 28.1.2016 enclosed with the application and marked as Annexure-A, shows

that it has been signed by the parties.

4. As counsels for the plaintiff and the defendant jointly state that the parties 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 settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the application.

5. The application is allowed and the suit is decreed in terms of the settlement arrived at and recorded in the Settlement Agreement dated 28.1.2016, while leaving the parties to bear their own costs.

6. At this stage, learned counsel for the plaintiff states that in view of the fact that the parties have arrived at a settlement 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.

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 court fees under Section 16 of the Court Fees Act, as per law.

8. The suit is disposed of, along with the pending application.

9. File be consigned to the record room.

HIMA KOHLI, J AUGUST 05, 2016 sk/ap