M/S Navilan Merchants Pvt Ltd v. M/S Sejal Glass Ltd & ORS

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 330/2016 M/S NAVILAN MERCHANTS PVT LTD ..... Plaintiff Through Mr.Tushar Gupta with Mr.Deepanshu Panwar, Advocates.

versus M/S SEJAL GLASS LTD & ORS ..... Defendants Through Ms.Shantha Devi Raman with Mr.Arihant Jain, Advocatesf or D-1 to 4.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 02.05.2018 I.A.No.5977/2018 Present joint application has been filed under Order XXIII Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiff and defendants as well as by the parties to the litigation. Present application is also supported by the affidavits of authorized representative of the plaintiff and defendant no.1 as well as defendant nos.2 to 4.

Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the Settlement Agreement dated 19th April, 2018 arrived at between the

parties before the Delhi High Court Mediation and Conciliation Centre.

Both the learned counsel further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the aforesaid Settlement Agreement. The aforesaid statements, assurances and undertakings given by learned counsel for the parties are accepted by this Court and parties are held bound by the same.

This Court has also perused the compromise application as well as the Settlement Agreement and is of the opinion that they are lawful.

Consequently, the suit is decreed in accordance with the Settlement Agreement dated 19th April, 2018, a copy of which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly.

With the aforesaid observations, present application is allowed and the suit stands disposed of.

The next date of hearing i.e. 03rd May, 2018 stands cancelled. I.A.No.5978/2018 Present application has been filed under Section 16 of the Court Fees Act, 1970 read with Section 151 CPC for refund of the court fee. In the present case, the parties have entered into a Settlement Agreement dated 19th April, 2018 before the Delhi High Court Mediation and Conciliation Centre. As all the ingredients of Section 16 of the Court Fees Act are satisfied, Registry is directed to issue to the plaintiff a certificate authorizing it to receive back from the

Collector the full amount of the Court fee paid by it in the present suit.

Accordingly, the present application stands disposed of. MANMOHAN, J MAY 02, 2018 KA