M/S J.J. Interiors Pvt Ltd vs M/S Boutique Hotels India Pvt Ltd
2016 Latest Caselaw 49 Del

$~9.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2051/2014
      M/S J.J. INTERIORS PVT LTD                  ..... Plaintiff
                       Through: Mr. Rajinder Dhawan, Advocate with
                       Mr. B.S. Rana, Advocate

                          versus


      M/S BOUTIQUE HOTELS INDIA PVT LTD         ..... Defendant
                    Through: Mr. Sidharth Tewari, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 05.01.2016

I.A. 7/2016 (by the plaintiff u/O XXIII R 1 CPC)

1. The present application has been filed by the plaintiff stating

inter alia that during the pendency of the suit, the parties have been

able to arrived at an out of court settlement, whereunder the

defendant has paid a sum of Rs.1,72,00,000/- to the plaintiff in full

and final settlement of all the disputes raised in the present suit.

2. Counsel for the plaintiff states that the cheque for

Rs.1,72,00,000/- handed over by the defendant has been duly

encashed and nothing further survives for adjudication in the present

suit. He therefore, seeks leave to withdraw the same and requests

that in view of the fact that the settlement has been arrived at

between the parties at the stage of completion of pleadings, the court

fee may be refunded in terms of Section 16A of the Court Fees Act.

3. Leave, as prayed for, is granted. The suit is dismissed as

withdrawn alongwith the pending application.

4. The Registry is directed to issue a certificate in favour of the

plaintiff for refund of the court fees under Section 16A of the Court

Fees Act, as per law.

5. The date already fixed, i.e., 21.01.2016 stands cancelled.

6. File be consigned to the record room.

HIMA KOHLI, J JANUARY 05, 2016 rkb