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$-51 HIGH COURT OF DELHI
RFA 585/2014
M/S AMADEUS INDIA PVT LTD Appellant
Through: Mr. P.K. Mehta, Advocate with Mr. Tarak Sah, attorney ofthe appellant
Through: Mr. R.P. Sharma, Advocate for respondents No.l to 3
02.02.2015
ORDER
1. The parties have amicably resolved all their disputes and have filed C.M. Appl. 1868/2015 under Order XXIII Rule 3 of the Code of Civil Procedure for recording of the settlement. C.M. Appl. 1868/2015 is signed by both the parties and is supported by their affidavits. C.M. Appl. 1868/2015 along with the affidavits and the annexures is marked as Exhibit C-1. As per the settlement recorded in Exhibit C-1, the appellant has agreed to pay Rs.43,00,000/- to the respondents in full and final settlement of the decretal amount. The appellant has handed over nine cheques totalling to Rs.43,00,000/-, after deducting the TDS to the counsel for the respondents. The details ofthe cheques are given Annexure-A of C.M. Appl. 1868/2015.
2. Learned counsel for the appellant, on instructions, from Mr. Tarak Sah, corporate officeii and attorney of the appellant, undertakes that all the nine cheques shall be honoured on their first presentation. The undertaking 2015:DHC:12007 •• of the appellant's attorney is accepted.
3. The compromise between the parties is lawful and is recorded. The the appeal is disposed of in terms of the compromise. Both the parties shall remain bound by the terms of the compromise. C.M. Appl. 1868/2015 stands allowed in the above terms. C.M. Appl. Nos.19034/2014 and 895/2015 have become infructuous and are, therefore, dismissed.
4. Learned counsel for the appellant seeks refund of 50% of the Court fees under Section 16A of the Court Fees Act, 1870, as the appeal has been disposed of before' the commencement of hearing of the appeal. Learned counsel for the respondents has no objectionto the same being allowed. The oral prayer of learned counsel for the appellant is allowed and 50% of the court fees paid by the appellant is directed to be refunded. The registry of this Court is directed to issue a certificate in the name of the appellant authorizing the appellant to receive back from the Collector 50% of court fees paid on the Memorandum of Appeal#The Collector shall effect the refund on the strengt 1 of the certificate issued.
FEBRUARY 02, 2015 rsk IDHA, J