Delhi High Court - Orders
Riveria Commercial Developers Ltd vs Berkely Beauty Brands Pvt Ltd on 24 May, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~22 to 24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 145/2022 & I.A. 10205/2021 (O-39 R-1 & 2), I.A.
10206/2021(O-15-A R-1)
RIVERIA COMMERCIAL DEVELOPERS LTD..... Plaintiff
Through: Ms. Meghna Mishra, Mr. Tarun
Sharma and Ms. Aishwarya
Chaturvedi, Advocates
Versus
BERKELY BEAUTY BRANDS PVT LTD ..... Defendant
Through: Mr. Nikhil Kohli, Mr. Anant
Kannojiya and Ms. Akshaya Ganpath,
Advocates
+ CS(COMM) 146/2022 & I.A. 10210/2021 (O-39 R-1 & 2), I.A.
10211/2021 (O-15A R-1)
RIVERIA COMMERCIAL DEVELOPERS LTD..... Plaintiff
Through: Ms. Meghna Mishra, Mr. Tarun
Sharma and Ms. Aishwarya
Chaturvedi, Advocates
Versus
BURLINGTON LUXURY BRANDS PVT LTD..... Defendant
Through: Mr. Nikhil Kohli, Mr. Anant
Kannojiya and Ms. Akshaya Ganpath,
Advocates
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 145/2022 with connected matters Signing Date:25.05.2022
Page11:58:23
1 of 3
+ CS(OS) 396/2021 & I.A. 10660/2021 (O-39 R-1 & 2), I.A.
10661/2021 (O-15A R-1), I.A. 16630/2021 (O-7 R-11(d))
DLF EMPORIO LTD ..... Plaintiff
Through: Ms. Meghna Mishra, Mr. Tarun
Sharma and Ms. Aishwarya
Chaturvedi, Advocates
versus
BROMPTON PVT LTD ..... Defendant
Through: Mr. Nikhil Kohli, Mr. Anant
Kannojiya and Ms. Akshaya Ganpath,
Advocates
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 24.05.2022
1. Counsels for the parties submit that the parties have arrived at an out- of-court settlement.
2. In view thereof, the plaintiff seeks to withdraw the present suits.
3. The suits are dismissed as withdrawn.
4. Proceedings in the suits are at a very early stage. Even the written statements are yet to be filed. Therefore, 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 plaintiffs are 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 CS(COMM) 145/2022 with connected matters Signing Date:25.05.2022 Page11:58:23 2 of 3 plaintiffs, in terms of Section 16 of the Court Fees Act, 1870.
AMIT BANSAL, J.
MAY 24, 2022 dk Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 145/2022 with connected matters Signing Date:25.05.2022 Page11:58:23 3 of 3