Ashu Sharma v. Abhimanyu Sehgal

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3406/2014 ASHU SHARMA ..... Plaintiff Through :

Counsel for the plaintiff (appearance not given.) versus ABHIMANYU SEHGAL ..... Defendant Through :

Mr.

Shashank Rai, Adv.

with defendant in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.07.2015 I.A.14038/2015 (u/O 23 R 3 CPC) Learned counsel for the plaintiff submits that this application be treated as under Order 23 Rule 1 CPC since terms of settlement have already been complied with, inasmuch as, the defendant has paid the settled amount. Accordingly, present application is treated under Order 23 Rule 1 CPC. In terms of the settlement, defendant has paid `33 lakhs to the plaintiff receipt whereof has been admitted by the plaintiff's counsel. Accordingly, suit is disposed of as not pressed. Date fixed in the matter, that is, 15th September, 2015 is cancelled. I.A. 14039/2015 (u/S 16 of The Court Fee Act,1870)

Since parties have settled their disputes at the initial stage much before the commencement of evidence, in view of Section 16A of the Court Fees Act, 1870, 50% of the court fee be refunded to the plaintiff and necessary certificate in this regard be issued by the Registry. Application is disposed of.

Dasti.

A.K. PATHAK, J.

JULY 16, 2015 dk