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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Tantia Constructions Limited - Appellant
Versus
NBCC India Ltd. - Respondent
CS(COMM) 63 of 2021, I.A. 9332 of 2021
Decided On : 02-08-2021
Important Points
Subject
Civil Law - Contracts
Headnote
(B) Court Fees - The plaintiff entitled to refund of 50 percent of court fees due to settlement of the matter. (Para 6)
Facts of the case:
The parties settled their disputes amicably, leading to an agreement on the release of specified amounts and the plaintiff foregoing further claims.
Findings of Court:
The court decreed the suit as settled and directed the registry to prepare a decree sheet accordingly.
Issues: Whether the terms of the settlement comprehensively resolve the claims between the parties.
Ratio Decidendi: The court affirmed that once parties reach a mutual settlement, the suit must be decreed in accordance with the terms agreed upon.
Result: Suit decreed in terms of settlement.
| Table of Content |
|---|
| 1. settlement terms between parties (Para 1 , 2) |
| 2. mutual agreement on settlement terms (Para 3) |
| 3. decree based on settlement (Para 4) |
| 4. formal decree issuance (Para 5) |
| 5. court fee refund process (Para 6 , 7) |
ORDER (Oral)
(Video-Conferencing)
I.A. 9332/2021 (under Order XXIII, Rule 3 of the CPC, 1908, read with Section 151 of CPC, 1908)
1. This is an application under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908 (CPC), for disposal of the present suit in terms of the settlement arrived at between the parties.
2. The terms of settlement have been set out in Paras 4 and 5 of the application, thus:
"4. That, during the pendency of this suit, the plaintiff and defendant have amicably settled and/or adjusted their said disputes and mutually agreed upon the following terms and conditions:
(a) It is agreed by the parties that, within a period of 15 days of the withdrawal of the present suit, the defendant shall release an amount of Rs.41,23,991/- against Security Deposit and an amount of Rs.84,60,006/- i.e. balance appearing in the plaintiff's ledger against RA bill/withheld amount. The details are as follows:
| Sl No | Particular | Amount |
| 1 | Balance S.D. Amount | Rs.41,23,991.00 |
| 2 | Withheld amount | Rs.30,53,851.00 |
| 3 | Balance against RA/Final Bills | Rs.54,06,155.00 |
| Total | Rs.1,25,83,997.00 |
(b) Additionally, an amount of Rs.5,56,740/- withheld towards GST shall also be released to be plaintiff by the defendant consequent however upon furnishing of receipts of deposit of GST by the plaintiff within 15 days of withdrawal of Civil Suit (Comm) No. 63 of 2021.
5. That in view of the above understanding, the plaintiff foregoes its balance claims as mentioned in paragraph 14 of the Plaint and the aforementioned settlement shall be considered as full and final settlement of any/all dues of the plaintiff arising out of the subject works."
3. Learned counsel for the parties agree that the parties would remain bound by the aforesaid terms of the settlement.
4. Nothing, therefore, survives for adjudication in the suit. The suit is accordingly decreed in terms of the afore-extracted terms of settlement between the parties, by which the parties shall remain bound.
5. The Registry is directed to draw up a decree sheet in accordance therewith.
6. As the disputes stand settled between the parties and the suit is of 2021 vintage, the plaintiff shall be entitled to refund of 50 percent of the court fees deposited by it.
7. In view of the above, all the pending applications are also disposed of.
