Delhi High Court
Giriraj Educational & Welfare ... vs G.D. Goenka Private Limited & Anr. on 4 October, 2021
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision:04.10.2021
+ CS(OS) 522/2019
GIRIRAJ EDUCATIONAL & WELFARE TRUST
& ORS. .... Plaintiffs
Through Mr. Pawan Kumar and Mr. Ravi
Kumar, Advs.
versus
G.D. GOENKA PRIVATE LIMITED & ANR. .... Defendants
Through Mr. Rajat Aneja and Ms. Chandrika
Gupta, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (oral)
I.A. No.12936/2021 (u/O XXIII Rule 3 CPC)
1. The present application has been jointly made by both the sides
praying for issuance of decree in terms of Settlement Agreement dated
20.09.2021 reached between the parties and for refund of Court fees.
2. The present suit has been filed by the plaintiffs to pass a decree in
their favour and against the defendants for recovery of Rs.4,70,85,986/-
along with interest @ 18 % per annum, both pendente lite and future against
the defendants until realization.
3. During pendency of the present suit, vide order dated 07.09.2021, the
matter was referred to Delhi High Court Mediation and Conciliation Centre
for parties to explore settlement of disputes.
4. Today, learned counsel appearing from both the sides submit that the
subject matter of this suit has been amicably resolved through mediation and
parties have finally resolved their disputes in terms of Settlement-Agreement
dated 20.09.2021.
5. Learned counsel for the plaintiffs submits that the present suit be
decreed in terms mentioned in the aforesaid Settlement-Agreement dated
20.09.2021. Learned counsel also submits that since the subject matter of the
suit amicably stands resolved through mediation, therefore, in terms of
Section 16 of the Court Fees Act, the entire court fees be refunded to the
plaintiffs.
6. This Court has gone through the Mediation report dated 20.09.2021
placed on record and find it to be valid and lawful. The present suit is
accordingly decreed in terms mentioned in Settlement-Agreement dated
20.09.2021, which shall form part of the decree.
7. A Division Bench of this Court in Nutan Batra Vs. M/s. Buniyaad
Associates 2018 SCC OnLine Del 12916, while relying upon decision of
Hon'ble Supreme Court in Afcons Infrastructure Limited v. Cherian
Varkey Construction Company Private Limited (2010) 8 SCC 24, 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.
8. Concurring with afore-noted decisions, the plaintiffs are entitled to
refund of entire court fees. Registry is directed to issue necessary
certificate/authorization in favour of the plaintiffs to seek refund before the
appropriate authorities.
9. With aforesaid directions, the present suit stands decreed accordingly.
Pending application is disposed of as infructuous.
CS(OS) 522/2019
10. In view of orders passed in IA No. 12936/2021 (u/O XXIII R 3 CPC),
the present suit is decreed in terms of the Settlement Agreement dated
20.09.2021 reached through Delhi High Court Mediation and Conciliation
Centre between the parties. Decree sheet be accordingly drawn.
11. The plaintiffs are also entitled to refund of entire court fee in terms of
orders passed in IA No. 12936/2021.
12. Pending application, if any, stand disposed of as infructuous.
(SURESH KUMAR KAIT)
JUDGE
OCTOBER 04, 2021
rk
