Amcp Edutech Private Limited & ANR. v. Rankers Gurukul & ANR.

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 578/2025 AMCP EDUTECH PRIVATE LIMITED & ANR......Plaintiffs Through:

Mr. Ankur Sangal, Mr. Ankit Arvind and Mr. Bhuvan Malhotra, Advs.

versus RANKERS GURUKUL & ANR.

.....Defendants Through:

Ms. Ravina, Adv.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 21.05.2026 I.A. 14453/2026 (joint application under Order XXIII Rule 3 read with Section 151 CPC) 1.

The present application has been jointly filed by the plaintiffs, as well as, by the defendants seeking decreeing of suit in terms of settlement terms recorded in para 2 of the present application. 2.

It is stated in the application that during pendency of the present proceedings, the parties have arrived at a settlement, terms whereof have been recorded in para 2 of the present application. 3.

Ms. Ravina, learned counsel appearing on behalf of the defendants also affirms the factum of settlement and states that she has no objection in case the suit is decreed in terms of the settlement. 4.

This Court has gone through the terms of settlement and finds the same to be lawful. Thus, there is no impediment in decreeing the suit in terms of the settlement, terms whereof have been recorded in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

application.

5.

Accordingly, the suit is decreed in terms of the settlement recorded in para 2 of the present application, which shall form part of the decree. The parties shall remain bound by the terms of the settlement. 6.

The suit, along with pending applications, is disposed of. 7.

At this stage, Mr. Ankur Sangal, learned counsel appearing on behalf of the plaintiffs submits that since the suit is being disposed of in terms of the settlement arrived at between the plaintiffs and defendants, the Court fees affixed on the plaint may be refunded.

8.

It is noted that the Government of NCT of Delhi has issued a notification published in the Delhi Gazette dated 06.03.2026 vide notification no. F. 14 (105)/LA-2026/ jtsecylaw /359-368 titled "The Court Fees (Delhi Amendment) Act, 2026", whereby Section 16 of the Court Fees Act, 1870 has been substituted and Section 16A has been omitted. The substituted Section 16, as applicable to the National Capital Territory of Delhi, reads as under:

"Section 16 - Refund of Fee:- Where the parties to a suit or appeal, at any stage of such suit or appeal, settle their dispute amicably, with or without the intervention of the Court and with or without invoking any of the modes of settlement of dispute, referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908) and the said suit including Counter-claim, if any, or appeal is disposed of as settled/compromised by the court, the plaintiff/Counter-claimant shall be entitled to a certificate from the Court authorizing him to receive back from the collector/competent officer, the full amount of fee, paid in respect of such plaint/counter claim."

9.

As per Gazette notification dated 06.03.2026, the newly substituted Section 16 has come into force w.e.f. 06.03.2026. The newly substituted The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Section 16 stipulates that where parties to a suit settle their dispute amicably at any stage of the proceedings and the suit is disposed of as settled/compromised by the Court, even without intervention of ADR, the plaintiff shall be entitled to a certificate from the Court authorizing him to receive back from the Collector/competent officer the full amount of court fee paid in respect of the plaint.

10.

Having regard to the fact that the parties have arrived at a settlement, and the suit has been disposed of in terms thereof, this Court is of the view that the plaintiffs are entitled to refund of full court fees affixed on the plaint.

11.

Accordingly, the Registry of this Court is directed to issue a certificate to the plaintiffs for refund of full court fees. 12.

The next date already fixed i.e. 29.09.2026 stands cancelled. VIKAS MAHAJAN, J MAY 21, 2026 aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.