Birham Lata Jain v. Surinder Kumar Jain & ORS
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 747/2013, IA 7275/2014 BIRHAM LATA JAIN ..... Plaintiff Through:
Mr.Ajay Kohli, Adv. with Ms.Bhumika Kapoor, Adv. along with plaintiff in person versus SURINDER KUMAR JAIN & ORS ..... Defendant Through:
Mr.Deep Dhamija, Adv. for D1with D1 in person Ms.Shalini Kapoor, Adv. with Ms.Promil Seth, Adv. for D2 and D3 Mr.Anuj Sehgal, Adv. for D4 with Mr.Pawan Sagar Jain, Attorney of D4 in person Mr.S.Kumar, Adv. for D5 to D7
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R
% 05.02.2016 The parties were referred to the Delhi High Court Mediation and Conciliation Centre by this Court vide order dated December 7, 2015. The Delhi High Court Mediation and Conciliation Centre has filed the settlement agreement dated January 11, 2016 with two annexures i.e. Annexure A and Annexure B (Colly) (consisting of 17 pages).
The learned counsel for the parties state that the suit be disposed of in terms of the settlement agreement dated January 11, 2016. I note, the settlement agreement dated January 11, 2016 is signed by
and on behalf of the parties and their counsels. The settlement agreement dated January 11, 2016 with annexures is taken on record and exhibited as Ex.A-1.
The parties shall be bound by the terms and conditions of the settlement agreement dated January 11, 2016.
In view of the settlement agreement dated January 11, 2016, the suit is disposed of.
On the aspect of the Court fees, learned counsel for the plaintiff states that in view of the fact that the settlement has been arrived at through the process of mediation on a reference made by the Court, the plaintiff is entitled to the refund of Court fees under Section 16 of the Court Fees Act. He relies upon the order passed by this Court in CS (OS) 1649/2014 dated March 18, 2015.
Having seen the order dated March 18, 2015 in CS (OS) 1649/2014, and noting the aforesaid submission of the learned counsel for the plaintiff, the Registry is directed to issue a certificate of refund of Court Fees to the plaintiff under Section 16 of the Court Fees Act. V. KAMESWAR RAO, J FEBRUARY 05, 2016/akb