The Court allowed an application to withdraw the suit under a settlement agreement recorded before the Delhi High Court Mediation and Conciliation Centre. The suit was disposed off as withdrawn, and the plaintiff was granted a refund of court fees.
Allowed withdrawal of suit; disposed suit as withdrawn; ordered refund of court fees.
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This is an application filed on behalf of the plaintiff inter alia seeking to withdraw the present suit in terms of the settlement arrived at between the parties before the Delhi High Court Mediation and Conciliation Centre (DHCMCC).
Applicant has also placed on record the Settlement Agreement dated 24.05.2016 recorded before DHCMCC and further requests that the Court Fees deposited by the plaintiff along with plaint be refunded.
The said application is allowed. The suit is disposed of as withdrawn in terms of the above referred Settlement. The parties shall be bound by the said settlement.
The Registry is directed to prepare the certificate in terms of Section 16 of the Court Fees Act, 1870 for refund of the Court Fees filed by the plaintiff.
VIBHU BAKHRU, J
JULY 13, 2016 /M
2 issues framed by the court
Whether an application to withdraw a suit based on a settlement before the Mediation Centre should be allowed.
Whether the court fees deposited by the plaintiff are refundable after dismissal of the suit due to settlement.
1 provisions across 1 enactments
Vibhu Bakhu
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
