O R D E R

% 26.09.2024 I.A. 40536/2024

1. This is an application on behalf of the Plaintiffs for refund of court fee.

2. The Plaintiff has filed the suit with the following prayers:-

“a. Pass a decree, thereby compelling the Defendant No. I to specifically perform its obligations towards the Plaintiffs under the Property Development Agreement dated 01.09.2018, including a direction to deliver-up to the Plaintiffs the possession of the Plaintiffs' share of the Owners' Allocation in the redeveloped building on W-22, Greater Kailash-11, New Delhi, i.e., the front unit on the first floor, 11.25% undivided interest in the underlying land parcel , and 50% of stilt car parking, along with access to common areas , facilities and services;

b. Pass a decree declaring that the Plaintiffs are entitled to specific performance of Defendant No. 1's CS(COMM) 674/2024 Page 1 of 3 obligations under the Property Development Agreement dated 01.09.2018 , that the Defendant No. 1 have breached their obligations under the Property Development Agreement, and that the Plaintiffs are entitled to the following claims of damages on account of the aforesaid breach, in addition to the relief of specific performance;

c. Pass a decree directing the Defendant No. 1 to pay to the Plaintiffs an amount of Rs. 5 ,20,50,000/-, as due under the terms of the Property Development Agreement, along with interest of 12 % per annum from the date of accrual till actual payment;

d. Pass a decree directing the Defendant No. 1 to pay to the Plaintiffs an amount of Rs . 2,00,00, 000/-, by w ay of liquidated damages as due till the date of filing of the present Suit under the terms of the Property Development Agreement, along with interest of 18%

per annum pendente lite and till actual payment;

e. Pass a decree directing the Defendant No. 1 to pay to the Plaintiffs liquidated damages due from the date of filing of the present Suit till the date of handover of the duly completed Suit Property to the Plaintiffs by the Defendant No. 1, at the enhanced rate of Rs. 5,00,000/- per month, to be further enhanced at the rate of 10 % per annum till payment, along with an interest of 18% per annum from the date of accrual till actual payment;

f. Pass a decree directing the Defendant No. I to pay to the Plaintiffs an amount of Rs. 2,05,00,000/ - , by way of compensatory damages, as due on the date of filing of the present Suit, for continuing breach of the terms of the Property Development Agreement, along with interest of 18% per annum pendente lite and till actual payment;”

CS(COMM) 674/2024 Page 2 of 3

3. Pending suit, the matter was referred to Delhi High Court Mediation & Conciliation Centre under Section 12 A of the Commercial Courts Act, 2015. It is stated that mediation proceedings are pending.

4. Vide Order dated 12.08.2024, this Court had permitted the Plaintiffs to withdraw the suit and all pending applications and also permitted the Plaintiff to move an application for refund of Court Fee. In view of the Order dated 12.08.2024, the Plaintiffs are permitted to take refund of the Court Fee from the Registry of this Court.

5. The application is disposed of.

SUBRAMONIUM PRASAD, J SEPTEMBER 26, 2024 hsk CS(COMM) 674/2024 Page 3 of 3