Delhi High Court - Orders
Atlanta Global Advisors Pvt. Limited vs R Systems International Limited on 25 November, 2022
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 685/2018
ATLANTA GLOBAL ADVISORS PVT. LIMITED ..... Plaintiff
Through: Ms. Urvi Mohan, Advocate with
Ms.Shilpa Dadich, Accounts,
Executive.
versus
R SYSTEMS INTERNATIONAL LIMITED ..... Defendant
Through: Mr. Amit Singh Chauhan,
Mr.Siddharth Agarwal and
Mr.Rishabh Saxena, Advocates with
Mr. Piyush, AR.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 25.11.2022 I.A. 19713/2022 (for withdrawal of the present matter) By way of the present joint application filed by the plaintiff and the defendant under Order XXIII Rule 3 of the Code of Civil Procedure 1908, the parties seek a consent decree in terms of Settlement Agreement dated 16.11.2022 ('Settlement Agreement' for short) entered into between the parties.
2. Learned counsel appearing for the parties submit that the Settlement Agreement contemplated payment of a total sum of Rs.43,20,000/- (after deduction of tax at source); which amount was to be paid in two tranches, the first in the sum of Rs.30,00,000/- which was paid at the time of signing of the Settlement Agreement; and the second in the Signature Not Verified Digitally Signed By:NEERAJ Signing Date:29.11.2022 CS(COMM) 685/2018 Page 1 of 3 16:14:05 sum of Rs.13,20,000/- which is payable at the time of disposal of the present matter.
3. Learned counsel for the defendant has handed-over to learned counsel appearing for the plaintiff a demand draft in the sum of Rs.13,20,000/-, in full and final payment of all dues owed by the defendant to the plaintiff under the Settlement Agreement.
4. Counsel submit that nothing further requires to be performed as per the terms of the settlement; and also that no other disputes survives in relation to the subject matter of the present suit.
5. Accordingly, the present suit is decreed in terms of Settlement Agreement dated 16.11.2022.
6. The Registry is directed to draw-up the decree-sheet.
7. It is further recorded that, as submitted by learned counsel appearing for the parties, the decree also stands satisfied.
8. The suit is disposed of in the above terms.
9. The application also stands disposed of.
10. The date of 12.12.2022 before the learned Joint Registrar stands cancelled.
I.A. 19714/2022 (seeking refund of entire court fee)
11. By way of the present application under section 16 of the Court Fees Act, 1870 the plaintiff seeks refund of the entire court fee in the sum of Rs.1,64,167/- affixed on the plaint.
12. The application is premised on the basis that the suit is at its initial stages and no evidence has been led in the matter. Counsel submits that though affidavit of evidence was filed, no proceedings were conducted thereafter.
Signature Not Verified Digitally Signed By:NEERAJ Signing Date:29.11.2022 CS(COMM) 685/2018 Page 2 of 3 16:14:0513. Be that as it may, considering that the suit has been pending since 2018; and in view of section 16A of the Court Fees Act, 1870 as applicable to Delhi, it is directed that half the amount of court fee affixed on the plaint be refunded to the plaintiff.
14. The Registry is directed to draw-up the requisite certificate of refund.
15. The application stands disposed of in the above terms.
16. Since the principal officers of the plaintiff are stated to be traveling often, learned counsel for the plaintiff is permitted to collect the certificate of refund.
17. The application stands disposed of.
ANUP JAIRAM BHAMBHANI, J.
NOVEMBER 25, 2022/uj Signature Not Verified Digitally Signed By:NEERAJ Signing Date:29.11.2022 CS(COMM) 685/2018 Page 3 of 3 16:14:05