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Upendra Rai vs Pgurus.Com & Others on 19 May, 2022

Author: Amit Bansal

Bench: Amit Bansal

$~16
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 211/2018, I.A. 6249/2018 (u/O-XXXIX R-1 & 2 of CPC) &
       I.A. 2987/2019 (u/O-I R-10 of CPC)

       UPENDRA RAI                                      ..... Plaintiff
                          Through:     Mr. Arjun Mukherjee, Advocate.

                          versus

       PGURUS.COM & OTHERS                              ..... Defendants
                    Through:           Mr. Ishkaran Singh Bhandari, Mr.
                                       Milan Deep Singh and Mr. Udit Raj
                                       Saxena, Advocates for D-1 and D-2.

       CORAM:
       HON'BLE MR. JUSTICE AMIT BANSAL
                          ORDER

% 19.05.2022 I.A. 7894/2022 (O-XXIII R-3 of CPC)

1. The present application has been filed jointly on behalf of the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC), seeking a compromise decree on the basis of an out-of-Court settlement arrived at between the parties. The Settlement Agreement dated 10th March, 2022 has been filed along with the application and bears the signatures of the parties thereto.

2. I have examined the terms of the Settlement Agreement and do not find anything unlawful therein.

3. Parties shall remain bound by the terms of the Settlement Agreement.

4. Accordingly, the suit is decreed in terms of the Settlement Agreement dated 10th March, 2022.

Signing Date:23.05.2022 13:37:07

5. The Settlement Agreement shall form part of the decree.

6. Let the decree sheet be drawn up.

7. All the pending applications stand disposed of.

8. Issues are yet to be framed in the suit. 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.

9. Accordingly, the Registry is directed to refund 100% court fees to the plaintiff, in terms of Section 16 of the Court Fees Act, 1870.

AMIT BANSAL, J MAY 19, 2022 sr Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:23.05.2022 13:37:07