M/S JHA ENTERPRISES v. VINOD POPLI

Delhi High Court · 07 Sep 2016 · 2016:DHC:6349
Hima Kohli
CS(OS) 1582/2014
2016:DHC:6349
civil settled

AI Summary

The Delhi High Court disposed of a summary suit as settled following mediation and directed refund of court fees to the plaintiff under Section 16 of the Court Fees Act.

Full Text
Translation output
CS(OS) 1582/2014
HIGH COURT OF DELHI
CS(OS) 1582/2014 & IA No.10271/2014
M/S JHA ENTERPRISES ..... Plaintiff
Through : Mr. Pawan Madan, Advocate
VERSUS
VINOD POPLI ..... Defendant
Through : None.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 07.09.2016
JUDGMENT

1. The present summary suit has been instituted by the plaintiff against the defendant for recovery of a sum of Rs.44,77,753.40 paise.

2. Vide order dated 3.6.2016, the parties were referred to the Delhi High Court Mediation & Conciliation Centre and pursuant thereto, a Settlement Agreement dated 19.7.2016 has been executed between the parties, whereunder the defendant had agreed to return the goods in question to the plaintiff within one week and the plaintiff had agreed that if the said goods are returned within the stipulated timeline, then he would not press for recovery of the suit amount.

3. Counsel for the plaintiff states that the defendant has returned the goods in question and therefore he does not wish to press the suit any further.

4. In view of the submission made by the counsel for the plaintiff, the suit is disposed of as settled, along with the pending application. 2016:DHC:6349 CS(OS) 1582/2014

5. At this stage, learned counsel for the plaintiff states that in view of the fact that the parties have arrived at a settlement through court annexed mediation, the plaintiff is entitled to claim refund of court fees in terms of Section 16 of the Court Fees Act.

6. In view of the aforesaid submission made by the counsel for the plaintiff, the Registry is directed to issue a certificate in favour of the plaintiff for refund of the court fees under Section 16 of the Court Fees Act.

7. File be consigned to the record room. HIMA KOHLI, J SEPTEMBER 07, 2016 sk/ap