Times Internet Limited vs Alt Digital Media Entertainment ...
2021 Latest Caselaw 3519 Del

$~16
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                            Date of decision: 17.12.2021

+      CS(COMM) 454/2019 & I.As.11576/2019 & 11423/2020
       TIMES INTERNET LIMITED                              ..... Plaintiff
                          Through       Mr.Angad Dayal, Mr.Govind Singh
                                        Grewal & Ms.Shiva Vijaya Kumar,
                                        Advs.

                          versus

       ALT DIGITAL MEDIA ENTERTAINMENT LTD...... Defendant
                     Through Ms.Shreya Sircar & Ms.Jyotsna
                             Punshi, Advs.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (oral)

1. The present suit has been filed by the plaintiff seeking a decree of

specific performance in favour of the plaintiff and against the defendant.

2. Vide order dated 20.07.2021, the matter was referred to Delhi High

Court Mediation and Conciliation Centre (SAMADHAN) for making an

effort to amicably resolve their disputes.

3. This court is informed that the parties have mutually settled their

disputes and the terms of the settlement have been incorporated in

Settlement Agreement dated 09.12.2021, which is duly signed by both the

sides/parties. The aforesaid Settlement Agreement dated 09.12.2021 has

come on record.

4. Learned counsel for the plaintiff submits the terms of settlement are

incorporated in the aforesaid Settlement Agreement dated 09.12.2021 and

the present suit be disposed of.

5. Learned counsel appearing on behalf of defendant submits that the

defendant undertakes to abide by the terms of aforesaid Settlement

Agreement dated 09.12.2021.

6. Accordingly, the present suit is disposed of in terms of Settlement

agreement dated 09.12.2021.

7. Needless to say, parties shall remain bound by the terms of the

Settlement Agreement dated 09.12.2021.

8. At this stage, learned counsel for the plaintiff prays for refund of

entire court fee.

9. On the aspect of refund of court fees, relying upon decision of

Hon'ble Supreme Court in Afcons Infrastructure Limited v. Cherian

Varkey Construction Company Private Limited: (2010) 8 SCC 24, a

Division Bench of this Court in Nutan Batra Vs. M/s. Buniyaad Associates:

2018 SCC OnLine Del 12916 had allowed an appeal against the order of

refusal of refund of entire court fee in a suit. Further, a Coordinate Bench of

this Court in Munish Kalra Vs. Kiran Madan and Others: 2019 SCC

OnLine Del 8021 taking into account the fact that the dispute stands

amicably settled between the parties, had relied upon decisions in Afcons

Infrastructure Limited (Supra) and Nutan Batra (Supra) and directed

refund of the entire court fees.

10. In view of aforesaid decisions, this Court finds that the plaintiff is

entitled to refund of entire court fees. Registry is directed to issue necessary

certificate/ authorization in favour of the plaintiff to seek refund before the

appropriate authorities.

11. In view of above, present suit and pending applications are

accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE DECEMBER 17, 2021 ab