M/S PINNACLE TIE-UP PVT LTD v. AJIT SINGH & OTHERS

Delhi High Court · 09 Jul 2015 · 2015:DHC:5405
Hima Kohli
CS(OS) 2425/2013
2015:DHC:5405
civil appeal_dismissed

AI Summary

The Delhi High Court disposed of a civil suit upon early settlement through mediation and granted refund of court fees under Section 16 of the Court Fees Act, 1870.

Full Text
Translation output
CS(OS) 2425/2013
HIGH COURT OF DELHI
CS(OS) 2425/2013 & IA No.19712/2013
M/S PINNACLE TIE-UP PVT LTD ..... Plaintiff
Through : Mr. N.P. Joshi, Advocate
VERSUS
AJIT SINGH & OTHERS ..... Defendants
Through : Mr. Rahul Kumar, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 09.07.2015
JUDGMENT

1. Counsels for the parties jointly state that pursuant to the Settlement Agreement dated 26.3.2015 arrived between the parties at before the Delhi High Court Mediation & Conciliation Centre, the dispute between them stands resolved and the defendants have agreed to execute a sale deed in respect of a part of the parcel of land, subject matter of the Agreement to Sell dated 1.3.2013, for a consideration that has already been paid by the plaintiff.

2. Counsel for the plaintiff states that the parties have discharged their respective obligations under the Settlement Agreement dated 26.3.2015 and his clients do not wish to pursue the present suit any further.

3. In view of the submission made by the counsel for the plaintiff, 2015:DHC:5405 CS(OS) 2425/2013 the Settlement Agreement dated 26.3.2015 is taken on record and the suit is disposed of, along with the pending application.

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

5. In view of the fact that a settlement has been arrived at between the parties at the initial stage, of the suit, much prior to the stage of framing of issues, the Registry is directed to issue a certificate in favour of the plaintiff for refund of the court fees under Section 16 of the Court Fees Act.

6. The suit is disposed of, along with the pending applications.

7. File be consigned to the record room. HIMA KOHLI, J JULY 09, 2015 sk/ap