Shri A.C. Chawla & ORS v. Yashpal Gera & ORS

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 599/2016 SHRI A.C. CHAWLA & ORS ..... Plaintiffs Through :

Ms.Sunita Arora, Advocate.

versus YASHPAL GERA & ORS ..... Defendants Through :

None.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA % 20.08.2018

O R D E R

IA No.10989/2018 This application is filed by the plaintiff for appropriate order for refund of the Court fee by the Sub Divisional Magistrate (Punjabi Bagh).

This suit was disposed of on 20.04.2018 and a settlement agreement dated 13.04.2018 was executed between the parties before the Mediation and Conciliation Centre, Delhi High Court. Consequently, an application under XXIII Rule 3 CPC was filed and the suit was decreed in terms of the said settlement. This Court directed the registry to issue a certificate to an authorized representative of the plaintiffs authorizing him to receive from the Collector full amount of court fees paid by the plaintiffs in the above suit. It is submitted despite the order of this Court the SDM (Punjabi Bagh) is not co-operating and is not releasing the Court fee. In the circumstances the Collector, Chief Revenue Controlling

Authority, 5, Sham Nath Marg, Delhi is directed to issue directions to SDM (Punjabi Bagh) for refund of the entire amount of Rs.3,56,340/- in the name of the plaintiff Mr.A.C.Chawla who shall in turn shall pay appropriate amount to the other plaintiffs as per their shares. The application stands disposed of in terms of the above. Dasti.

YOGESH KHANNA, J AUGUST 20, 2018 DU