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High Court of DelhiCS(COMM)/737/2024

Burger King Company Llc & ANR. v. M/S Burger Farm

2025-05-29Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 737/2024, I.A. 37818/2024, I.A. 37819/2024, I.A. 37820/2024, I.A. 37822/2024 BURGER KING COMPANY LLC & ANR.

.....Plaintiffs Through:

Mr. Raunaq Kamath, Adv.

versus M/S BURGER FARM .....Defendant Through:

Ms. Shriya Misra, Adv.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 29.05.2025 1.

At the outset, learned counsel for the parties submits that the parties have since resolved all their disputes before the Delhi High Court Mediation and Conciliation Centre (DHCMCC) and the terms of the settlement arrived at inter se them have also been reduced to writing in the form of a Settlement Agreement dated 09.05.2025, which is forming a part of the record.

2.

Learned counsel for the parties make a joint oral prayer before this Court for passing of a consent decree in terms of the said Settlement Agreement dated 09.05.2025.

3.

Learned counsel for the plaintiffs further submits that, in view of the settlement arrived inter se the plaintiffs and the defendant, the plaintiffs do not wish to press for any other relief(s) qua the defendant. 4.

Learned counsel of the plaintiffs and the defendant confirm the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

terms of the Settlement Agreement dated 09.05.2025 and identify the signatures of their respective clients thereon as well. 5.

This Court has perused the terms of the Settlement Agreement dated 09.05.2025 as recorded inter se the plaintiffs and the defendant and finds them to be lawful.

6.

Accordingly, the present suit is decreed in terms of the settlement arrived between the plaintiffs and the defendant as recorded in the Settlement Agreement dated 09.05.2025.

7.

The Registry is directed to draw up a Decree Sheet. 8.

Needless to say, the Settlement Agreement dated 09.05.2025, shall form a part of the Decree Sheet, and the parties shall remain bound by the terms thereof.

9.

At this stage, learned counsel for the plaintiffs also makes an oral prayer before this Court for refund of the Court fees paid by the plaintiffs in terms of Section 16 of the Court Fees Act, 1870, since the disputes between the plaintiffs and the defendant have been amicably settled before DHCMCC.

10.

Considering that the disputes inter se the plaintiffs and the defendant have been settled amicably, however at the same time also considering that the same remained pending for a substantial period of time, refund of 50% of the Court fees paid by the plaintiffs is deemed justifiable.

11.

Let a Certificate of refund of 50% of the Court fees paid by the plaintiffs be prepared by the Registry and handed over to the learned counsel for the plaintiffs.

12.

In view of the above, the captioned suit, alongwith the pending The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

application(s), if any, stands disposed of.

SAURABH BANERJEE, J MAY 29, 2025/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.