Kerzner International Limited v. Jaiprakash Associates Limited & ANR.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1194/2018 KERZNER INTERNATIONAL LIMITED ..... Plaintiff Through:

Mr.Abhishek Kotwala, Adv.

versus JAIPRAKASH ASSOCIATES LIMITED & ANR.

..... Defendants Through:

None

CORAM:

SH. DEVENDER KUMAR (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R

% 06.03.2020 I.A. No. 3206/2020 filed on behalf of plaintiff under Section 151 CPC for issuance of court fees refund certificate in favour of Advocates Lall & Sethi Heard.

Learned counsel for plaintiff/applicant has submitted that case filed by plaintiff has been settled and court fees has been directed to be refunded, but plaintiff is a company based abroad and it will be difficult for plaintiff to get encashed the refunded court fess in Indian rupees, due to court fees refund certificate may be issued in favour of counsel for plaintiff. It is further submitted that counsel has also received an e-mail from AR of plaintiff to this effect which is annexed herewith this application.

In support of his arguments, learned counsel for plaintiff has

relied upon CS (COMM) 1254/2018 (I.A. No.10015/2019) and CS(COMM) 150/2019 (I.A. No.755/2020).

I have gone through the judgments/orders relied upon by learned counsel for applicant. Application is supported by affidavit of AR. Similar prayer of learned counsel has been allowed earlier by the Hon'ble Court in the case law relied upon. In view of ground cited in application, application is allowed and registry is directed to issue court fess refund certificate in the name of Lall & Sethi, plaintiff's counsel.

The counsel on refund of the court fees shall remit the amount in USD to plaintiff as per the provisions of law, rules and regulations in force after taking permission from the appropriate authority. With these observations, I.A. stands disposed of. DEVENDER KUMAR (DHJS) JOINT REGISTRAR (JUDICIAL) MARCH 06, 2020/tp Click here to check corrigendum