M/S Shruti & Siddharth Infratech Pvt Ltd v. Jai Pradeep Sen

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3707/2014 & IAs No.7469/2015, 7889/2015 and 24134/2014 M/S SHRUTI & SIDDHARTH INFRATECH PVT LTD ..... Plaintiff Through : Mr. Abhinav Vishisht, Sr. Advocate with Mr. Rajat Navet, Advocate versus JAI PRADEEP SEN ..... Defendant Through : Ms. Niki Kantawala, Advocate

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 08.10.2015 1.

This order is in continuation of the order dated 2.9.2015, on which date, the parties had arrived at a settlement. As recorded in the said order, the plaintiff had agreed that they will pay the balance sale consideration of Rs.4.50 crores to the defendant within 30 days, subject to execution and registration of the sale deed by the defendant in favour of the plaintiff and/or its nominee. 2.

Counsel for the plaintiff states that the balance sale consideration has been paid to the defendant and the defendant has executed a sale deed in favour of the plaintiff's nominee on 24.9.2015 and now nothing further survives for adjudication in the suit. 3.

The suit is accordingly disposed of, along with the pending applications.

CS(OS) 3707/2014

4.

At this stage, learned counsel for the plaintiff states that in view of the fact that the parties have arrived at a settlement prior to the stage of completion of pleadings, the plaintiff is entitled to claim refund of 50% of the court fees in terms of Section 16A of the Court Fees Act.

5.

In view of the aforesaid submission made by the counsel for the plaintiff, the Registry is directed to issue a certificate in favour of the plaintiff for refund of 50% of the court fees, as per Section 16A of the Court Fees Act.

6.

File be consigned to the record room.

HIMA KOHLI, J OCTOBER 08, 2015 sk CS(OS) 3707/2014