IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Natures Essence Private Limited - Appellant
Versus
Protogreen Retail Solutions Private Limited - Respondent
CS(COMM) 581 of 2020 & I.A. 9641 of 2021
Decided On : 29-10-2021
Important Points
Subject
Civil Law - Settlement Agreements
Headnote
(B) Court Fees - Plaintiff entitled to a refund of court fees if deposited.
Facts of the case:
The parties reached an amicable resolution of their dispute which led to the execution of a Settlement Agreement.
Findings of Court:
The court decreed the suit in terms of the Settlement Agreement and directed the registry to draw up the decree.
Issues: The main issue was whether any matter remained for adjudication post-settlement.
Ratio Decidendi: The court determined that both parties had resolved their dispute amicably, leading to the conclusion that no further trial was necessary.
Result: The suit stands disposed of without going to trial.
| Table of Content |
|---|
| 1. the parties resolved their dispute through settlement. (Para 1 , 2) |
| 2. counsel acknowledges settlement, requiring no further adjudication. (Para 3 , 4) |
| 3. the decree is to be issued in accordance with the settlement agreement. (Para 5 , 6 , 7) |
| 4. proper closure of the suit without trial. (Para 8) |
ORDER (ORAL)
(Video-Conferencing)
I.A. 9641/2021 in CS(COMM) 581/2020
1. The dispute between the parties stands amicably resolved.
2. The Settlement Agreement dated 28th April, 2021 executed between the parties has been placed on record.
3. Learned Counsel for the parties are present. They undertake, on behalf of their clients, to abide by the terms and conditions thereof.
4. As such, nothing survives for adjudication in this suit.
5. The suit stands decreed in terms of the aforesaid Settlement Agreement dated 28th April, 2021 to which the parties to the dispute shall remain bound.
6. The Registry is directed to draw up the decree-sheet accordingly.
7. The plaintiff would be entitled to refund of the court fees, if any deposited by it.
8. The suit stands disposed of without going to trial.