Allowed

B K G Overseas & Anr. v. B K G Glass International & Anr.

Delhi HC18 Feb 2020CS(COMM)/24/2020

Case brief

AI extract

What is this about?

This order grants a settlement application wherein parties resolved their dispute. The Court decreed the suit in favor of the plaintiff based on mutual terms, awarded a 50% court fee refund under Section 16A, and disposed of the suit and pending applications.

What did the court decide?

The suit decreed in favor of plaintiff; 50% court fee refund issued; suit and all pending applications disposed of.

B K G Overseas & Anr. Vs B K G Glass… — Contract and Commercial Disputes | Delhi HC (2020)

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$~8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 24/2020, I.A. 671/2020, I.A. 672/2020, I.A.1150/2020

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B K G OVERSEAS & ANR. ..... Plaintiffs Through: Mr. Shailen Bhatia, Advocate with Mr. Amit Jain, Mrs. Neelam Pathak, Ms. Sheril Bhatia, Advocates

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versus

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B K G GLASS INTERNATIONAL & ANR. ..... Defendants Through: Mr. Afzal B. Khan, Advocate with Mr. Samik Mukherjee, Advocate

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CORAM:

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HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R

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% 18.02.2020 I.A.2311/2020 (Application under Order XXIII Rule 3 of the CPC)

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This is a joint application of the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The parties state that the disputes between them have been settled on the terms contained in paragraph 6 of the application. The parties have agreed that the suit be decreed in terms of the prayers in paragraph 53 (a) to 53 (f) of the plaint.

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The application is signed by Mr. Kapil Kumar Agarwal as partner of both the plaintiff Nos.1 and 2, and by defendant No.2/Mr. Sanjeev Kumar Sharma, on his own behalf and as a partner of defendant No.1. It is also signed by learned counsel for both sides, and supported by the affidavits of the signatories.

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Having regard to the submissions of counsel and the material on record, I do not find any impediment to the grant of a decree as sought. The suit is therefore decreed in favour of the plaintiff in terms of

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CS(COMM) 24/2020

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page 1 of 2

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paragraphs 53(a) to 53(f) of the plaint. Decree sheet be prepared accordingly. A copy of the application will be annexed to the decree. 4. In view of the fact that the parties have settled their disputes at a pre-trial stage, the plaintiff is entitled to refund of 50% of court fees under Section 16A of the Court Fees Act, 1870. The Registry will issue a certificate to this effect.

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The suit alongwith all pending applications stand disposed of.

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PRATEEK JALAN, J

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FEBRUARY 18, 2020 ‘j’/s

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page 2 of 2

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CS(COMM) 24/2020

B K G Overseas & Anr. v. B K G Glass International & Anr.

Case brief

What is this about?

What did the court decide?

B K G Overseas & Anr. v. B K G Glass International & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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