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HIGH COURT OF DELHI
CS(OS) 1309/2011 and I.A. 8721/2011, 9818/2011
NIIRA RADIA ..... Plaintiff
Through: Mr. K.K. Khurana, Advocate with Ms. Charu Lata Chaudhary, Ms. Ginny Gauri and Mr. Vivek Aggarwal, Advocates
Through: Mr. R.K. Anand, Advocate with Mr. Chetan Anand, Advocate
JUDGMENT
1. The present joint application has been filed by the parties stating inter alia that during the pendency of the present proceedings, they have arrived at an out of court settlement and resultantly, the dispute between the parties has been fully and finally resolved and therefore, the suit may be disposed of.
2. The present application has been signed by the plaintiff and the defendants. The same is supported by the affidavits sworn by both the parties. 2015:DHC:1604 CS(OS) 2614/2014
3. In view of the fact that the counsels for the parties state that they have arrived at an out of court settlement of their own free will and volition and without any undue influence or coercion from any quarters and the plaintiff does not wish to pursue the present suit any further, the application is allowed and disposed of.
4. The suit alongwith the pending applications are disposed of while leaving the parties to bear their own costs.
6. 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 evidence being recorded 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.
7. 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.
8. File be consigned to the record room. HIMA KOHLI, J FEBRUARY 20, 2015 rkb