M/S ARC SECURITY SOLUTIONS PVT. LTD. v. M/S GAMMON INDIA LIMITED & ANR.

Delhi High Court · 08 Oct 2015 · 2015:DHC:8479
Hima Kohli
CS(OS) 475/2012
2015:DHC:8479 CS(OS) 475/2012
civil appeal_allowed

AI Summary

The Delhi High Court upheld a court-annexed mediation Settlement Agreement leading to suit disposal and granted refund of court fees under Section 16 of the Court Fees Act.

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CS(OS) 475/2012
HIGH COURT OF DELHI
CS(OS) 475/2012
M/S ARC SECURITY SOLUTIONS PVT. LTD. ..... Plaintiff
Through: Mr. Arun Kumar, authorized representative of the plaintiff in person
VERSUS
M/S GAMMON INDIA LIMITED & ANR. ..... Defendants
Through : Mr.Aniruddh Singh, Advocate for D-1
Ms.Shobhna Takiar and Mr.Puneet Garg, Law Officer of D-2/DMRC
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 8.10.2015
JUDGMENT

1. Pursuant to the parties being referred to the mediation, a Settlement Agreement dated 7.4.2015 has been forwarded by the Delhi High Court Mediation & Conciliation Centre. The terms and conditions of the settlement are set out in para 6 of the Settlement Agreement.

2. Mr.Arun Kumar, the authorized representative of the plaintiff company states that they have received a sum of `20,20,000/- from the defendant No.1 in full and final settlement of all its claims in the suit and nothing further survives for adjudication therein.

3. The court has perused the Settlement Agreement dated 2015:DHC:8479 CS(OS) 475/2012 7.4.2015. The same has been signed by the authorized representatives of the plaintiff and the defendant No.1 and their respective counsels as also the mediator.

4. In view of the fact that the parties state that the agreed amount of `20,20,000/- has been paid by the defendant No.1 to the plaintiff, nothing further survives in the present suit. The Settlement Agreement dated 7.4.2015 is taken in record. The parties shall remain bound by the terms and conditions thereof.

5. The suit is disposed of.

6. At this stage, the authorized representative for the plaintiff company states that in view of the fact that the parties have arrived at a settlement through court annexed mediation prior to the stage of completion of pleadings, the plaintiff is entitled to claim refund of the court fees in terms of Section 16 of the Court Fees Act.

7. In view of the aforesaid submission, the Registry is directed to issue a certificate in favour of the plaintiff for refund of the court fees, as per law. File be consigned to the record room. HIMA KOHLI, J OCTOBER 08, 2015 mk/ap