Novex Communication Private ... vs Hotel Crowne Plaza
2016 Latest Caselaw 6086 Del

$~1.

*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       CS(COMM) 328/2016 and I.A. 4464/2016
        NOVEX COMMUNICATION PRIVATE LIMITED..... Plaintiff
                   Through: Mr. Jay Savla, Advocate with
                   Ms. Shilpi Chowdhary, Mr. Bharat Aggarwal and
                   Mr. Jasdeep S. Dhillon, Advocates

                            versus

        HOTEL CROWNE PLAZA                       ..... Defendant
                    Through: Mr. Badal Dayal, Advocate

        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI

                            ORDER

% 16.09.2016

1. Counsel for the plaintiff states at the outset that after summons were issued in the suit on 07.04.2016, the defendant had approached the plaintiff for a settlement and an out of court settlement has been arrived at between the parties and in terms whereof, he has instructions to withdraw the present suit.

2. In view of the submission made by the counsel for the plaintiff, the present suit is dismissed as withdrawn alongwith the pending application.

3. At this stage, learned counsel for the plaintiff states that in view of the fact that the parties have arrived at an out of court settlement prior to the stage of framing of issues in the suit, the plaintiff is entitled to claim refund of 50% of the court fees in terms of Section 16-A of the Court Fees Act.

4. 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 50% of the court fees, as per law.

5. File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 16, 2016 rkb