Delhi High Court - Orders
Gmm Pfaudler Ltd vs Air Liquide Global Ec Solutions India on 11 July, 2022
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 637/2021
GMM PFAUDLER LTD ..... Plaintiff
Through: Mr. Manish Kumar Shekhari, Mr.
Vivek Jain & mr. Swapnil Srivastva,
Advocates.
versus
AIR LIQUIDE GLOBAL EC SOLUTIONS INDIA..... Defendant
Through: Mr. Akshat Jain, Adovcate.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 11.07.2022 I.A. 10405/2022 (For withdrawal of the present suit)
1. The present application has been filed on behalf of the plaintiff for withdrawal of the present commercial suit.
2. It is submitted in the application that the matter has been amicably settled between the parties in the Delhi High Court Mediation and Conciliation Centre vide Settlement Agreement dated 14th June, 2022, the copy of the Settlement Agreement arrived at between the parties has been annexed along with the present application.
3. Learned counsels for the parties submit that the terms of the Settlement already stand complied with and there is nothing further required to be done by the parties.
4. A prayer has, therefore, been made on behalf of the plaintiff that the plaintiff may be permitted to withdraw the present suit.
Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:12.07.2022 18:37:335. In view of the submissions made and Settlement arrived at between the parties, the plaintiff is hereby permitted to withdraw the present suit.
6. Application is accordingly allowed and disposed of. I.A. 10404/2022 (U/S 16 of the Court Fees Act, 1870 for refund of court fees)
1. The present application has been filed under Section 16 of the Court Fees Act, 1870 on behalf of the plaintiff seeking refund of court fees amounting to Rs. 3,60,228/- annexed to the plaint.
2. It is submitted in the application that the matter has been amicably settled between the parties in the Delhi High Court Mediation and Conciliation Centre vide Settlement Agreement dated 14th June, 2022.
3. Learned counsel for the defendant has no objection if the present application is allowed.
4. In light of above-noted facts, the application is accordingly allowed and the court fee is directed to be refunded in terms of the Section 16 of the Court Fees Act, 1870.
5. Application is disposed of on the above terms. I.A. No.5278/2022 (of the defendant u/O XXXIX R 4 of CPC) in CS(COMM) 637/2021
1. The date fixed for hearing i.e., 19th July, 2022 before the Joint Registrar stands cancelled on the ground of withdrawal of the present suit.
NEENA BANSAL KRISHNA, J JULY 11, 2022 S.Sharma Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:12.07.2022 18:37:33