M/S S.P.S International Ltd. vs M/S S.Cj Scanform Solution Pvt Ltd ...
2017 Latest Caselaw 5615 Del

$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 11.10.2017
+        CS(OS) 819/2011
M/S S.P.S INTERNATIONAL LTD                                   ..... Plaintiff
                             versus

M/S S.CJ SCANFORM SOLUTION PVT
LTD AND ORS                                                 ..... Defendants
Advocates who appeared in this case:

For the Petitioner           : Mr. Pradeep Bhardwaj, Adv.

For the Respondent           : Ms. Risha Mittal, Adv.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                JUDGMENT

11.10.2017

1. The plaintiff has filed this suit, inter-alia, seeking permanent injunction, mandatory injunction and recovery of sum of Rs. 1,07,24,830/-.

2. By order dated 17.03.2017, the parties were referred to mediation. The parties have arrived at a settlement through the process of mediation and the settlement agreement dated 07.07.2017 has been executed. The original settlement agreement has been received from the Delhi High Court Mediation and Conciliation Centre. The same is taken on record.

3. The settlement agreement is signed by the Chairman-cum-Managing Director of the plaintiff as well as Managing Director of defendant no. 2, signed on behalf of defendant no. 1, defendant no. 3 to 8. The settlement

agreement dated 07.07.2017 is marked as Exhibit C - 1.

4. The terms of the settlement have been recorded in paragraphs 6(a) to 6(d). I have perused the terms of the settlement and find the same to be lawful.

5. In terms of the settlement agreement Exhibit C - 1, the plaintiff seeks leave to withdraw the present suit.

6. In view of the settlement agreement Exhibit C - 1, the suit is dismissed as withdrawn.

7. Decree Sheet be drawn up accordingly.

8. Since the suit has been settled through the process of mediation, the plaintiff is entitled to refund of appropriate court fees paid on the plaint in terms of Section 16(A) of the Court Fees Act, 1870 as amended for the State of Delhi.

9. Registry is directed to issue a certificate to the plaintiff authorizing the plaintiff to seek a refund of the appropriate court fees from the concerned authority in accordance with law.

SANJEEV SACHDEVA, J OCTOBER 11, 2017 'rs'