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HIGH COURT OF DELHI
CS(OS) 4037/2014 & IA No.2389/2015
Decided on 26.02.2015 IN THE MATTER OF:
M/S INDEPENDENT NEWS SERVICES PVT LTD(INDIA TV) ..... Plaintiff
Through :Mr. Sudeep Chattarjee, Adv. with Mr. Rahul Khanna, AR in person.
Through : Mr. Rajat Aneja, Adv. for D-1 & 2.
Mr.Neel Masan, Adv. for D-3.
Ms. Mamta Jhg, Adv. for D-4.
JUDGMENT
1. Counsels for the plaintiff and the defendants No.1 & 2 state that they have arrived at an out of court negotiated settlement.
2. Counsel for the plaintiff states that in view of the settlement arrived at between the plaintiff and the defendants No.1 & 2, he may be permitted to delete the names of the defendants No.3 & 4 from the array of defendants.
3. Counsels for the defendants No.3 & 4 state that they have no objection to the aforesaid request.
4. Counsel for the defendant No.4 goes on to state that he has 2015:DHC:1839 already filed an application, registered as IA No.2389/2015, for seeking deletion of its name from the array of defendants.
5. In view of the submission made by the counsels for the parties, IA No.2389/2015 is allowed and the names of the defendants No.3 & 4 are deleted from the array of defendants.
6. The terms and conditions of the settlement arrived at between the plaintiff and the defendants No.1 & 2 are set out in para 4 of the application, wherein certain undertakings given by the defendants No.1 & 2 to the plaintiff have been recorded. The plaintiff has also given some undertakings to the defendants No.1 & 2 in terms whereof it has waived its claim of damages against the defendants No.1 & 2.
7. Both the parties state that in view of the settlement arrived at between the plaintiff and the defendants No.1 & 2, the suit may be decreed.
8. The Court has perused the application. The same has been signed by the authorized signatories of the plaintiff and the defendants No.1 & 2 as also by their respective counsels. The application is supported by the affidavits of the authorized representatives of the plaintiff and the defendants No.1 & 2.
9. As the counsels for the parties state that the parties 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 same. The parties shall remain bound by the terms and conditions of the settlement arrived at between them.
10. The application is allowed and the suit is decreed in accordance with the terms and conditions of the settlement recorded in the present application.
11. At this stage, learned counsel for the plaintiff requests that 50% of the Court fees may be refunded to the plaintiff since the present suit has been settled through an out of court settlement, well before the stage of evidence.
12. In view of the provision of Section 16A of the Court Fees Act, 1870, the Registry is directed to issue a certificate in favour of the plaintiff for refund of the Court fees to the extent of 50%.
13. The suit along with pending application is disposed of, while leaving the parties to bear their own costs. (HIMA KOHLI) FEBRUARY 26, 2015 JUDGE sk/rkb