Rohit Marwaha v. M/S Spize Hospitality

Delhi High Court · 16 Sep 2011 · 2011:DHC:15198
Gita Mittal
CS(OS) No. 8/2011
2011:DHC:15198
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed a civil suit as withdrawn upon parties recording a settlement agreement and directed refund of court fees under Section 16 of the Court Fee Act.

Full Text
Translation output
HIGH COURT OF DELHI
-X- CSIOSI No.8.'^2/2011 ROHIT MARWAHA Plaintiff
Through Mr.S.K.Sharma,Adv.along with Plaintiffin-pcrson
VERSUS
M/S SPIZE HOSPITALITY Defendant
Through Mr.M.K.Malhotra,Adv.along with partner ofthe def.company in-person
CORAM:
HON'BLE MS.JUSTICE GITA MITTAL
16.09.2011 lANo.14778/2011(Order 2.q Rule.q)
ORDER

1. Thestatements ofShri I^fhit Marwaha,the plaintiffherein and Shri Pradeep Vig, the managing partner of the defendant company have been recorded in Court today. The parties have prayed that the suit may be disposed of in view of the terms and conditions of Settlement Agreement (Exhibit P-I)and lA No.14778/2011(ExhibitP-II).

2. In view of the settlement between the parties, it is directed as follows

(i) The settlement between the parties placed before this court by way of

Exhibit P-I and the application placing on record the settlement arrived at 2011:DHC:15198 between the parties(ExhibitP-II)are accepted and taken on record,

(ii) The undertakings given by the plaintiffand the defendanton his own behalfas well as on behalfofthe partnership firm are accepted. They shall remain bound by the same. The application is allowed. CS(OS)No.8.^2/2011 Learned counsel for the plaintiff seeks leave to withdraw the suit in view of the settlement arrived at between the parties as well as the undertakings given by the plaintiff and the managing partner of the defendant company. Accordingly,the suitis dismissed as withdrawn. In view of the settlement between the parties by recourse to mediation, the registry is directed to issue a certificate in the prescribed Proforma to enable the plaintiff to get refund of the Court Fee under Section 16 ofthe Court Fee Act. lA No.^4.67/2011(Order.^Q Rule 1 and 2) In view ofthe above,nothing survives for adjudication in the present application and the same is dismissed as such. GITAMITTALr^ SEPTEMBER16,2011 / Sd