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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Times Internet Limited - Appellant
Versus
Alt Digital Media Entertainment Ltd - Respondent
Civil Suit (COMM) No. 454 of 2019, Miscellaneous Application No. 11576 of 2019 & 11423 of 2020
Decided On : 17-12-2021
Specific Performance - Settlement Agreement - The court disposed of the suit in favor of the plaintiff based on the Settlement Agreement dated 09.12.2021, with the parties mutually settling their disputes and agreeing to abide by the terms of the agreement.
Fact of the Case:
The plaintiff filed a suit seeking specific performance. The parties mutually settled their disputes and incorporated the terms of the settlement in a Settlement Agreement dated 09.12.2021. The court disposed of the suit based on the settlement agreement.
Finding of the Court:
The court found that the parties had mutually settled their disputes and agreed to abide by the terms of the Settlement Agreement dated 09.12.2021. The court also allowed the plaintiff's refund of entire court fees based on relevant legal precedents.
Issues: The main issue was the enforcement of the Settlement Agreement and the refund of court fees.
Ratio Decidendi: The court's decision was influenced by the mutual settlement of disputes and the terms of the Settlement Agreement dated 09.12.2021. Additionally, the court relied on legal precedents to allow the refund of entire court fees.
Final Decision: The court disposed of the suit in favor of the plaintiff based on the Settlement Agreement dated 09.12.2021 and directed the registry to issue necessary authorization for the plaintiff to seek a refund of entire court fees.
JUDGMENT
Suresh Kumar Kait, J. - The present suit has been filed by the plaintiff seeking a decree of specific performance in favour of the plaintiff and against the defendant.
2. Vide order dated 20.07.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre (SAMADHAN) for making an effort to amicably resolve their disputes.
3. This court is informed that the parties have mutually settled their disputes and the terms of the settlement have been incorporated in Settlement Agreement dated 09.12.2021, which is duly signed by both the sides/parties. The aforesaid Settlement Agreement dated 09.12.2021 has come on record.
4. Learned counsel for the plaintiff submits the terms of settlement are incorporated in the aforesaid Settlement Agreement dated 09.12.2021 and the present suit be disposed of.
5. Learned counsel appearing on behalf of defendant submits that the defendant undertakes to abide by the terms of aforesaid Settlement Agreement dated 09.12.2021.
6. Accordingly, the present suit is disposed of in terms of Settlement agreement dated 09.12.2021.
7. Needless to say, parties shall remain bound by the terms of the Settlement Agreement dated 09.12.2021.
8. At this stage, learned counsel for the plaintiff prays for refund of entire court fee.
9. On the aspect of refund of court fees, relying upon decision of Hon’ble Supreme Court in Afcons Infrastructure Limited v. Cherian Varkey Construction Company Private Limited: (2010) 8 SCC 24, a Division Bench of this Court in Nutan Batra Vs. M/s. Buniyaad Associates: 2018 SCC OnLine Del 12916 had allowed an appeal against the order of refusal of refund of entire court fee in a suit. Further, a Coordinate Bench of this Court in Munish Kalra Vs. Kiran Madan and Others: 2019 SCC OnLine Del 8021 taking into account the fact that the dispute stands amicably settled between the parties, had relied upon decisions in Afcons Infrastructure Limited (Supra) and Nutan Batra (Supra) and directed refund of the entire court fees.
10. In view of aforesaid decisions, this Court finds that the plaintiff is entitled to refund of entire court fees. Registry is directed to issue necessary certificate/ authorization in favour of the plaintiff to seek refund before the appropriate authorities.
11. In view of above, present suit and pending applications are accordingly disposed of.
Enforcement of Settlement Agreement and Refund of Court Fees
Court acknowledges binding Settlement Agreement and permits full court fee refund as per established precedents.
The court's decision was primarily based on the validity and lawfulness of the Settlement Agreement, as well as the entitlement of the plaintiff to a refund of entire court fees based on relevant leg....
The court upheld the validity of the Settlement Agreement and allowed for the refund of entire court fees based on relevant legal precedents.
The court decreed the suit in terms of the valid and lawful Settlement Agreement and granted the plaintiff a refund of the entire court fees based on previous court decisions.
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