Delhi High Court
Exxon Mobil Corporation & Anr vs Pankaj Sukhia & Anr on 9 April, 2015
Author: Hima Kohli
Bench: Hima Kohli
51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2059/2014 and IA No.21276/2014
Decided on 09.04.2015
IN THE MATTER OF:
EXXON MOBIL CORPORATION & ANR ..... Plaintiffs
Through : Mr. Zeeshan Khan, Advocate
versus
PANKAJ SUKHIA & ANR ..... Defendants
Through : Mr. A.K. Goel, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
I.A. No.7077/2015 (joint application u/O XXIII R 3 CPC)
1. The present compromise application has been filed by the parties stating inter alia that during the pendency of the present proceedings, they have arrived at an out of court settlement and the details of the terms and conditions of the settlement have been set out in para 4 of the application.
2. Counsels for the parties state that the suit may be decreed in terms of the settlement arrived at between the parties.
3. The Court has pursued the present application. The same has been signed by the constituted attorneys of the plaintiffs and the CS(OS) 2059/2014 Page 1 of 2 defendants and their respective counsels. The application is also supported by the affidavits of the signatories of the application.
4. As counsels for the plaintiff and the defendants jointly state that their clients have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the application.
5. The suit is decreed in terms of the settlement arrived at and recorded in the application, while leaving the parties to bear their own costs.
6. At this stage, learned counsel for the plaintiff states that in view of the fact that the parties have arrived at a settlement at the stage of pleadings, the plaintiff is entitled to claim refund of 50% of the court fees in terms of Section 16-A of the Court Fees Act.
7. In view of the aforesaid submission made by the counsel for the plaintiff, the Registry is directed to issue a certificate in favour of the plaintiff for refund of 50% of the court fees, as per law.
8. File be consigned to the record room.
(HIMA KOHLI)
APRIL 09, 2015 /sk JUDGE
CS(OS) 2059/2014 Page 2 of 2