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CS(OS) 2469/2015 and I.As.No.17028-29/2015
INFINITUM INFRATECH PVT. LTD. ..... Plaintiff
Through: Mr.Manish Kumar, Mr.Amit Kumar, Mr.Piyush Kaushik & Mr.Nakul Jain, Advocates
Through: Mr.Dheeraj Sachdeva, Advocate for D-1
Mr.Akshay Makhija, Advocate for D-2
JUDGMENT
1. The present joint application has been filed by the parties stating inter alia that during the pendency of the proceedings, they have arrived at a settlement as recorded in the present application. The terms and conditions of the settlement have been set out in para 4 of the application whereunder, the parties have agreed that the defendant No.1 shall withdraw from the project in question and the plaintiff shall refund a sum of `2,15,00,000/- along with interest of `20,00,000/- to the defendant No.1. Further, the defendant No.1 has agreed to transfer his 50% rights in the land, subject matter of the project, in favour of the defendant No.2 who is the owner of the 2015:DHC:8407 remaining 50% rights in the land. The remaining terms and conditions of the settlement have been set out in paras 4(ii) to (x) of the application.
2. Counsels for the parties jointly state that the suit may be decreed in terms of the settlement arrived at between the parties.
3. The Court has perused the present application. The same has been signed by the Director of the plaintiff company, defendants No.1 & 2 and their respective counsels. The application is supported by the affidavits of the signatories to the application. As the counsels for the parties jointly state that they have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the settlement. The parties shall remain bound by the terms and conditions of the said settlement.
4. The suit is decreed, while leaving the parties to bear their own expenses. Decree sheet be drawn accordingly.
5. 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 pleadings being completed 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.
6. 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.
7. The suit is disposed of, along with pending applications. File be consigned to the record room. HIMA KOHLI, J OCTOBER 06, 2015 mk