Raksha Sood & Ors. v. Jayant Mohindra & Ors.

Delhi High Court · 30 Jul 2015 · 2015:DHC:6052
Hima Kohli
CS(OS) 438/2012
2015:DHC:6052
civil appeal_allowed

AI Summary

The Delhi High Court disposed of a civil suit on settlement through court annexed mediation and granted refund of court fees under Section 16 of the Court Fees Act as the settlement occurred prior to framing of issues.

Full Text
Translation output
CS(OS) 438/2012
HIGH COURT OF DELHI
CS(OS) 438/2012 & IAs No.3452/2012, 10501, 10502 &
13833/2013 RAKSHA SOOD & ORS. ..... Plaintiffs
Through: Mr.Atul Varma, Advocate
VERSUS
JAYANT MOHINDRA & ORS ..... Defendants
Through: Mr. Rakesh Kumar, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 30.07.2015
JUDGMENT

1. Counsel for the plaintiffs states that after the parties were referred to the Delhi High Court Mediation & Conciliation Centre, they have been able to arrive at a settlement, as recorded in the Settlement Agreement dated 19.12.2014, whereunder, the plaintiffs have agreed to withdraw their claim under the suit.

2. The Settlement Agreement dated 19.12.2014 has been signed by both the parties and their respective counsels, as also the learned Mediator. The same is taken on record.

3. Counsel for the plaintiffs states that in view of the settlement arrived at between the parties, the plaintiffs do not wish to pursue the present suit any further. Accordingly, the suit is disposed of, along 2015:DHC:6052 CS(OS) 438/2012 with the pending applications.

4. At this stage, learned counsel for the plaintiffs states that in view of the fact that the parties have arrived at a settlement through court annexed mediation and prior to the stage of framing of issues, the plaintiffs are entitled to claim refund of the court fees in terms of Section 16 of the Court Fees Act.

5. In view of the aforesaid submission made by the counsel for the plaintiffs, the Registry is directed to issue a certificate in favour of the plaintiffs for refund of the court fees, as per law.

6. The suit is disposed of, along with the pending application. File be consigned to the record room. HIMA KOHLI, J JULY 30, 2015 mk