Longulf Trading India(Pvt) Ltd v. Yuvraj Agro Foods Pvt Ltd

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 903/2016 LONGULF TRADING INDIA(PVT) LTD ..... Plaintiff Through: Mr. Manu Beri, Advocate.

versus YUVRAJ AGRO FOODS PVT LTD ..... Defendant Through: Mr. Lajwinder Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 30.05.2017 I.A. 4710/2016 Present application has been filed seeking refund of excess Court-fees paid by the plaintiff.

In the present application, it has been averred that plaintiff had paid on 04th March, 2013 Rs.6,37,000/- as Court-fees which had been calculated as per the Court Fees (Delhi Amendment) Act, 2012. Since the Amendment Act, 2012 has been quashed by a Division Bench of this Court, the plaintiff seeks refund of Rs.4,77,752/-. Consequently, the Registry of this Court is directed to issue a certificate to the authorised representative of the plaintiff authorizing him to receive back from the Collector Rs.4,77,752/- paid as excess Court-fees in respect of the present suit.

With the aforesaid direction, present application stands disposed of.

CS(Comm) 903/2016 Learned counsel for plaintiff wishes to withdraw the present suit. Consequently, the same is dismissed as withdrawn. Since the matter has been withdrawn, Registry of this Court is directed to issue to the authorised representative of the plaintiff a certificate authorizing him to receive back from the collector the half amount of the balance Court-fees in respect of the present suit. MANMOHAN, J MAY 30, 2017 js