Delhi High Court - Orders
Shankar Fininvest Pvt Ltd vs Tdi Infrastructure Limited on 18 May, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 279/2020
SHANKAR FININVEST PVT LTD ..... Plaintiff
Through: Mr. Rahul Shukla with Mr. Akshit
Sachdeva, Advocates.
versus
TDI INFRASTRUCTURE LIMITED ..... Defendant
Through: Ms. Kanika Agnihotri with Ms.
Yashodhara Gupta, Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 18.05.2022 CS(OS) 279/2020 & I.A. 7760/2022 (for directions)
1. Counsel for the plaintiff submits that the parties have arrived at an out-of-court settlement. Accordingly, the plaintiff wishes to withdraw the present suit.
2. The suit and all pending applications are dismissed as withdrawn.
3. Counsel for the plaintiff submits that since the suit was only at the stage of competition of pleadings, the entire court fees may be refunded.
4. In view of the observations of the Supreme Court in the judgment of High Court of Judicature at Madras, Represented by its Registrar General v. M.C. Subramaniam and Ors., (2021) 3 SCC 560, followed by this Court in Western Infrabuild Products LLP v. Western Steel India and Ors., 2022 (89) PTC 407 (Del), the plaintiff is entitled to refund of the entire court fees.
5. Accordingly, the Registry is directed to refund 100% court fees to the Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:19.05.2022 16:09:18 plaintiff in terms of Section 16 of the Court Fees Act, 1870.
AMIT BANSAL, J.
MAY 18, 2022 at Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:19.05.2022 16:09:18