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High Court of DelhiCS(OS)/983/2008

M/S Silverstone Motors Pvt. Ltd v. International Cars & Motors Ltd.

2017-05-30Joint Registrar (Judicial) Ms. Deepali Sharma (Dhjs)2 pages

$~10.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.983/2008 & IA No.6352/2017 (of the plaintiff under Section 16 of Court Fees Act read with Section 89 of the CPC). SILVERSTONE MOTORS PVT. LTD ..... Plaintiff Through:

Mr. M. Abubakar Pandit proxy counsel for Mr. Amandeep Singh, Adv.

Versus

INTERNATIONAL CARS & MOTORS LTD.

..... Defendant Through:

Ms. Sukriti Jaggi proxy counsel for Mr. Ashish Wad, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 30.05.2017 1.

The plaintiff and the defendant in this suit for recovery of Rs.4,50,00,000/- and for permanent injunction were referred to Mediation Cell of this Court.

2.

Mediation has been successful with the efforts of Mr. Arun Kumar Rathi, Advocate / Mediator and a Settlement Agreement dated 10th April, 2017 purported to be signed by the plaintiff, defendant, their Advocates and the Mediator has been received from the Mediation Cell of this Court. 3.

The counsel for the plaintiff and the counsel for the defendant support the settlement and seek disposal of the suit in terms of the Settlement Agreement.

4.

The counsels on enquiry state that the payment under the Settlement Agreement has already been made / received.

5.

I have perused the terms of compromise arrived at between the parties and find the same to be lawful.

CS(OS) No.983/2008

6.

A decree is passed in favour of the plaintiff and against the defendant in terms of the Settlement Agreement dated 10th April, 2017 which shall form part of the decree sheet and the suit is disposed of leaving the parties to bear their own costs.

7.

Decree sheet be prepared.

8.

The plaintiff has also filed IA No.6352/2017 under Section 16 of the Court Fees Act, 1870 read with Section 89 of the Code of Civil Procedure, 1908 (CPC) for refund of court fees.

9.

Out of the court fees stated to have been paid of Rs.4,41,650/-, a certificate entitling the plaintiff to refund of Rs.3,90,000/- be prepared and issued and be handed over to the counsel for the plaintiff. 10.

The date of 5th July, 2017 stands cancelled.

RAJIV SAHAI ENDLAW, J MAY 30, 2017 'pp'..

CS(OS) No.983/2008