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HIGH COURT OF DELHI
CS(OS) 2576/2011
BIJENDER CHAUHAN @ BIJENDER KUMAR ..... Plaintiff
Through: Mr. Avinash Trivedi, Advocate
Through: Mr. Dhiraj Sachdeva, Advocate
JUDGMENT
1. Counsels for the parties jointly state that after the order dated 23.07.2013 was passed in I.A. 5269/2012, dismissing an application filed by the defendant under Order XXXVII Rule 3(5) CPC, and decreeing the suit in favour of the plaintiff, the defendant had filed an appeal, registered as RFA(OS) 149/2013 that was allowed by the Division Bench vide order dated 11.11.2014, whereunder conditional leave to defend was granted to the defendant. It is submitted that in the meantime, based on the judgment and decree dated 23.07.2013, the plaintiff had filed an execution petition, registered as EX.P. 326/2014. During the pendency of the said petition, the parties were able to arrive at a negotiated settlement, whereunder the defendant had agreed to pay a sum of `31,25,000/- to the plaintiff in full and final settlement of all his claims against it.
2. Counsels for the parties state that the aforesaid position was 2015:DHC:1452 CS(OS) 2576/2011 recorded in the order dated 27.01.2015, passed in EX.P. 326/2014 and the said petition was disposed of with directions that the suit file shall be placed before the Court for appropriate orders.
3. Counsel for the plaintiff states that the cheque for the agreed amount of `31,25,000/- tendered by the defendant to his client has been duly encashed and he does not wish to pursue the present suit any further and requests that the suit may be disposed of.
4. In view of the joint submission made by the counsels for the parties as recorded above, the present suit is disposed of, while leaving the parties to bear their own costs.
5. At this stage, learned counsel for the plaintiff states that as the parties have arrived at a settlement and pleadings have yet to be 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 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. File be consigned to the record room. HIMA KOHLI, J FEBRUARY 12, 2015 rkb