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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Anil Bagai - Appellant
Versus
Harsh Mehendiratta - Respondent
CS(OS) 290 of 2021 & I.A. 7685 of 2021 and I.A. 11674 of 2021
Decided On : 12-10-2021
Important Points
Subject
Civil Law - Settlement
Headnote
(B) Court Fees - Refund - The plaintiffs were permitted to seek a refund of the court fees deposited as part of the resolution in the present suit. (Para 5)
Facts of the case:
The parties in this case reached a settlement, which was documented and submitted to the court, prompting the court to decree the suit accordingly.
Findings of Court:
The suit was decreed in terms of the settlement agreement, and all pending applications were disposed of.
Issues: The main issue addressed was the effect of the settlement on the current proceedings and the binding nature of the agreement made between the parties.
Ratio Decidendi: The court held that the terms of the settlement are legally binding, hence nothing else remains for adjudication. The decree is drawn up acknowledging the settlement as integral to the court's order.
Result: Suit decreed in terms of the settlement agreement.
| Table of Content |
|---|
| 1. acknowledgement of settlement agreement. (Para 1) |
| 2. representation by counsel for parties. (Para 2) |
| 3. parties bound by settlement terms. (Para 3) |
| 4. decree issued due to settlement. (Para 4) |
| 5. refund of court fees allowed. (Para 5) |
ORDER (Oral)
(Video-Conferencing)
1. The parties in this case have arrived at a settlement. The copy of the settlement agreement dated 5th October, 2021 is placed on record.
2. Mr. Malhotra appears on behalf of all the defendants and Mr. Santhalia appears on behalf of all the plaintiffs.
3. Learned Counsel undertake that their clients would remain bound by the terms of the aforesaid settlement.
4. In view thereof, nothing survives for adjudication in this suit. The suit is accordingly decreed in terms of the aforesaid settlement dated 5th October, 2021 which shall be treated as a part of this order. Registry is directed to draw up the decree sheet accordingly. The pending applications are also stand disposed of.
5. The plaintiffs seek and are allowed refund of the court fees deposited by them. The interim order already passed stands vacated.
