Creons Infrastructure Pvt Ltd vs Lifestyle International Pvt Ltd
2016 Latest Caselaw 5644 Del

$~40.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2828/2014
      CREONS INFRASTRUCTURE PVT LTD                 ..... Plaintiff
                       Through: Mr. Naresh K. Daksh, Advocate

                           versus

      LIFESTYLE INTERNATIONAL PVT LTD             ..... Defendant
                    Through: Mr. Priyadarshi Banerjee, Advocate with
                    Mr. Praveen Sehrawat and Mr. Saransh Jain, Advs.
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

% 29.08.2016

I.A. 10497/2016 (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, whereunder the defendant has agreed to

pay a sum of Rs.10 lacs to the plaintiff in full and final settlement of all the

claims, subject matter of the present suit.

2. Counsel for the defendant hands over a demand draft bearing

No.816096 dated 17.08.2016 drawn on HSBC Bank in favour of the

plaintiff, which is duly accepted by the other side. It is stated by the counsel

for the plaintiff that having received the agreed amount, nothing further

survives for adjudication in the present suit, which may be disposed of.

3. The Court has perused the present application. The same has been

signed by the authorised representatives of the plaintiff and the defendant

and is duly supported by their respective affidavits.

4. In view of the fact that the defendant has paid the agreed sum of

Rs.10 lacs to the plaintiff, nothing further survives for adjudication in the

present suit, which is accordingly disposed of while leaving the parties to

bear their own costs.

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

fact that the parties have been able to arrive at an out of court negotiated

settlement prior to the state of recording of evidence, the plaintiff is entitled

to claim 50% refund of the court fees in terms of Section 16-A of the Court

Fees Act.

6. 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 50% refund of the court fees, as per law.

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

8. File be consigned to the record room.

HIMA KOHLI, J AUGUST 29, 2016/rkb