Full Text
RFA(OS) 101/2012
SUBODH BHUSHAN SRIVASTAVA Appellant
Through: Mr. Alok Kumar & Mr. Niraj Gupta, Advocates
Through: Dr. N. K. Khetarpal, Advocate for R-1
Ms. Vertika Sharma, Advocate for R-2 AND
SUBODH SRIVASTAVA Appellant
Through: Mr. Alok Kumar & Mr. Niraj Gupta, Advocates
Through: Dr. N. K. Khetarpal, Advocate for R-1
Ms. Vertika Sharma, Advocate for R-2
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA
04.01.2013 It is submitted by counsel for the parties that the parties have arrived at a mutually acceptable settlement today in the course of mediation proceedings. The mediator's report duly signed by the parties and witnessed
2013:DHC:8575-DB La by their counsel, as well as the settlement agreement both dated 04.01.2013 duly signed by each of the parties, as well as their counsel, has been produced. The same is hereby taken on the record. The parties are also present and have confirmed having voluntarily arrived ata settlement. Their signatures have been identified by their counsels who are present in Court.
The mediator's report makes it apparent that the settlement was voluntarily entered into.
The Court is accordingly satisfied in terms ofOrder 23 CPC that the parties mutually agreed and have settled their disputes in terms of the settlement agreement dated 04.01.2013. Let acompromise decree be drawn in terms ofthe said settlement agreement.
In view ofthe fact that the parties have settled through mediation proceedings referred to by the Court, ends ofjustice requires that an order directing refund of court fees under Section 16 ofthe Court Fees Act be made. The Registry is, therefore, directed to issue an appropriate certificate in that regard within two weeks.
The appeals aredisposed of intheabove terms.
S. RAVINDRA BHAtTj \' SUDERSHA]
JANUARY 04,2013 mb VKUMAR MISRA,J HIGH COURT OF DELHI
ORDER
(1) RFA(OS) 101/2012 SIJBODH BFIUSHAN SRIVASTAVA Appellant Through: Mr. Neeraj Gupta, Advocate.
VERSUS
SURiiSH SRIVASTAVA & ANR .... Respondent Through: Nemo (2) RFA(OS) 102/2012 ^ SIJBODH SRIVASTAVA Appellant Through: Mr. Neeraj Gupta, Advocate. i
VERSUS
SURESH SRIVASTAVA & ANR Respondent Through: Nemo. COl^M: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA ORDER 29.01.2013 It is brought to the notice of the Court that the recent amendment of Court Fees Act, Section 16A was inserted (2011) whereby the quantum of refundable amount could be half of the amount of court fee paid in an appeal. 2013:DHC:8575-DB.•1 ( Accordingly, the order of Court dated 4"" January, 2013 is hereby modified and the appellant shall be entitled to 50% refund of court fee. S. RAVINDRA BHAT, J JIa SUDERSHAN KUMAR MISl^, J JANUARY 29,2013 n
JUDGMENT