M/S Eureka Forbes Limited & ANR v. Neelkanth Inc & ORS

$~O-2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 105/2018 & I.A. 15291/2010 M/S EUREKA FORBES LIMITED & ANR ..... Plaintiffs Through:

Ms.Firdouse Qutb Wani, Ms.Geetika Matta and Mr.Kashif Zafar, Advocates versus NEELKANTH INC & ORS ..... Defendants Through:

Mr.Kamal Khurana, Advocate for D2 & D-3 along with Mr.Rajesh Ghai, AR for D-2

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 28.11.2018 1.

Learned counsel for defendant No.2 and 3 have produced the Income Tax returns and balance sheets in terms of the last order. 2.

Learned counsel for the plaintiff submits that the plaintiffs have incurred huge litigation cost apart from fees of the Local Commissioner and the Court Fees in this matter. Learned counsel for the plaintiff submits that the plaintiff have incurred cost of litigation of Rs.17,58,000/-. 3.

Learned counsel for the defendants submits that the defendants unit has been closed in 2016 and a lenient view be taken with respect to the cost of litigation.

4.

In the facts and circumstances of this case, cost of litigation for Rs.1,00,000/- is awarded to the plaintiff. The defendants are directed to pay the litigation cost to the plaintiff within eight weeks from today. 5.

The suit and pending application are disposed of.

6.

Learned counsel for the plaintiff seeks refund of the Court Fees. Registry is directed to issue a certificate to the plaintiff for refund of entire Court Fees from the Collector.

7.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

NOVEMBER 28, 2018 ds