M/S Spentex Industries Ltd v. M/S Jak Traders Pvt Ltd & ORS

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS (COMM) 382/2017 M/S SPENTEX INDUSTRIES LTD ..... Plaintiff Through:

Mr. Rishi Manchanda and Ms. Divya Singh, Advocates. (M:9911681178) versus M/S JAK TRADERS PVT LTD & ORS.

..... Defendants Through:

None.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 12.09.2018 I.A. 7271/2018 (u/O XXIII Rule 3 CPC) in CS (COMM) 382/2017 Present application has been filed under Order XXIII Rule 3 CPC. Submission of learned counsel for the Plaintiff is that the disputes between the parties have been mediated in the Delhi Mediation Centre, Patiala House Courts, New Delhi where complaints under Section 138 of the Negotiable Instruments Act, 1881 were pending. Mr. Manchanda submits that the amounts, as per the said settlement, have already been received by the Plaintiff.

Accordingly, the suit is decreed in terms of the settlement. Decree in terms of Settlement Agreement dated 18th November, 2017 be drawn. In view of the disputes having been resolved by the settlement, 50% of the court fee is directed to be refunded under Section 16A of the Court Fee Act, 1870.

The application is allowed and the suit is decreed in terms of the settlement. Decree sheet be drawn. All pending IAs are disposed of. PRATHIBA M. SINGH, J.

SEPTEMBER 12, 2018/dk