Delhi High Court - Orders
Icp Investments (Mauritius) Ltd vs Uppal Housing Pvt. Ltd. & Ors on 24 December, 2020
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A.No.12667/2020 in
+ CS(COMM)No.1079/2018
ICP INVESTMENTS (MAURITIUS) LTD. .....Plaintiff
Through : Mr. Pranav Vyas, Adv.
versus
UPPAL HOUSING PVT. LTD. & ORS. ....Defendants
Through : Mr. Niliva Bandhopadhyay, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 24.12.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A.No.12667/2020
1. This application is pivoted on the order dated 11.02.2020 passed by this Court.
1.1 On that date, the Court had directed refund of court fee, to the extent of Rs. 75,00,000/-, subject to the costs imposed on the plaintiff, while dismissing the suit, to be paid to defendant no. 1. 1.2 To be noted, the suit was dismissed on 30.09.2020 with costs awarded in favour of defendant no. 1 and against the plaintiff. The costs were assessed at Rs. 5,00,000/-.
1.3 Mr. Pranav Vyas, who appears on behalf of the applicant/plaintiff, says that there was a delay in remitting the costs.
CS(COMM)No.1079/2018 page 1 of 2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:25.12.2020 23:23:28 1.4 It is, however, stated that the cost was remitted on 08.07.2020 after the details of the bank account were obtained by defendant no.1. 1.5 Mr. Niliva Bandhopadhyay, who appears on behalf of the defendants, affirms the position that the cost of Rs. 5, 00,000/-, has been received by the defendant no. 1.
2. While there has been a delay, I am inclined to overlook the same in view of the fact that the Coronavirus disease had kicked in.
3. Accordingly, the Registry will refund the court fee, to the extent of Rs. 75, 00,000/-, in favour of the plaintiff, as directed by the Court, vide order dated 11.02.2020.
3.1 The Registry will take requisite steps in that behalf.
4. The captioned application is disposed of in the aforesaid terms.
RAJIV SHAKDHER, J
DECEMBER 24, 2020
aj
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CS(COMM)No.1079/2018 page 2 of 2
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:25.12.2020
23:23:28