Crust Franchise Pty Ltd. vs Rnhk India Food Private Limited & ...
2016 Latest Caselaw 5528 Del

$~23.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(COMM) 699/2016 and I.A. 7197/2016
      CRUST FRANCHISE PTY LTD.                  ..... Plaintiff
                    Through: Mr. Soumik Ghose, Advocate with
                    Mr. Ryan Wilson, Advocate
                          versus

      RNHK INDIA FOOD PRIVATE LIMITED & OTHERS
                                                     ..... Defendants
                   Through: Ms. Swati Setia, Advocate
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 24.08.2016

1. Pursuant to the parties being referred to mediation vide order dated 29.07.2016, a Settlement Agreement dated 22.08.2016 has been forwarded by the Delhi High Court Mediation and Conciliation Centre.

2. Counsels for the parties state that the terms and conditions of the settlement have been set out in the Settlement Agreement, whereunder the defendants have undertaken to comply with the averments made in their affidavit dated 22.07.2016, enclosed with the Settlement Agreement as Annexure 4. The defendants have also given several undertakings as recorded in sub-paras (b), (c) and (d) of the Settlement Agreement. In view of the settlement arrived at with the defendants, the plaintiff has agreed to give up the relief of rendition of accounts, damages and costs in the suit proceedings, as prayed for in prayer clauses (k), (l) and (m) of the plaint.

3. The Court has perused the Settlement Agreement. The same has been

signed by the constituted attorney of the plaintiff and the Directors of the defendant No.1 and authorised signatories of the defendants No.2 and 3 as also their respective counsels and the learned Mediator.

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 settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the Settlement Agreement dated 22.08.2016.

5. The suit is disposed of in terms of the settlement recorded in the Settlement Agreement dated 22.08.2016, 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 been able to arrive at a negotiated settlement through mediation, 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 the court fees, 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 24, 2016 rkb