INDIAN AGRO & RECYCLED PAPER MILLS ASSOCIATION vs TAFCON PROJECTS(INDIA) PVT LTD (TAFCON)

$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 07th November, 2023
+ CS(OS) 867/2011
INDIAN AGRO & RECYCLED PAPER MILLS ASSOCIATION
….. Plaintiff
Through: Mr. Ashish Mohan & Ms. Sagrika Tanwar, Advocates.

versus

TAFCON PROJECTS(INDIA) PVT LTD (TAFACON)
….. Defendant
Through: Ms. Astha Garg, Advocate.

CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)
I.A. 22148/2023 (u/O XXIII Rule 3 r/w Section 151 of CPC, 1908)

1. The present Application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicant/plaintiff seeking disposal of the present Suit in terms of the Settlement Agreement 18.10.2023.
2. Issue notice.
3. Ms. Astha Garg, learned counsel for the non-applicant/defendant, accepts notice.
4. It is submitted in the present application that the parties have arrived at a settlement vide Settlement Agreement dated 18.10.2023 and in terms thereof, the present Suit be disposed of.
5. Submissions heard.
6. In view of the submissions made, the present Suit is accordingly disposed of in terms of the Settlement Agreement dated 18.10.2023.
7. The parties shall remain bound by the terms of the Settlement Agreement dated 18.10.2023.
I.A. 22149/2023 (u/S 16A (i) of Court Fees Act, 1870 r/w Section 151 of CPC, 1908)

8. The present Application under Section 16A(i) of the Court Fees Act, 1870 read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicant/plaintiff seeking refund of the court fee.
9. Learned counsel for the applicant/plaintiff submits that since the matter has been settled between the parties vide Settlement Agreement dated 18.10.2023 and, therefore, the plaintiff is entitled to refund of court fee.
10. In view of the submissions made, the Registry is directed to refund 50% of the court fee to the plaintiff.
11. The present application is disposed of.
CS(OS) 867/2011 & I.A. 9205/2022 (Condonation of delay)
12. In view of the Order passed in Application bearing No. I.A. 22148/2023, the present Suit along with pending application is disposed of in terms of the Settlement dated 18.10.2023.
13. The next date of hearing i.e., 03.01.2024 is hereby cancelled.

(NEENA BANSAL KRISHNA)
JUDGE
NOVEMBER 07, 2023
S.Sharma

CS(OS) 867/2011 Page 2 of 2