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Delhi High Court - Orders

Seema Sikka @ Shoabhana Sikka vs Bansi Madaan & Ors on 18 May, 2022

Author: Amit Bansal

Bench: Amit Bansal

$~4
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       CS(OS) 85/2021
        SEEMA SIKKA @ SHOABHANA SIKKA ..... Plaintiff
                     Through: Mr. Mohit Kumar with Mr. Mukesh
                              Aggarwal, Advocates.

                           versus

        BANSI MADAAN & ORS.                          ..... Defendants
                    Through:            None.

        CORAM:
        HON'BLE MR. JUSTICE AMIT BANSAL
                     ORDER

% 18.05.2022 I.A. 7743/2022 (u/S 89 CPC)

1. The present application has been filed by the plaintiff seeking refund of Court Fees.

2. It is stated in the application that the suit was at an early stage and only the pleadings were completed.

3. The parties entered into an out of Court settlement in terms of which the present suit was decreed on 4th September, 2021.

4. In light of the observations in judgment of Supreme Court in High Court of Judicature at Madras, Represented by its Registrar General Vs. M.C. Subramaniam and Ors. (2021) 3 SCC 560 followed by this Court in Western Infrabuild Products LLP Vs. Western Steel India and Ors. MANU/DE/0028/2022, the plaintiff is entitled to refund of the entire Court Fees.

5. Accordingly, the present application is allowed and the Registry is Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:19.05.2022 12:01:11 directed to refund 100% Court Fees to the 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 12:01:11