Allowed

Raj Kumar Gupta Proprietor of M/S Henna Export House v. Ramesh Chand & Ors.

Delhi HC9 Jul 2024CS(COMM)/491/2023

Case brief

AI extract

What is this about?

This Court decreed the suit filed by Raj Kumar Gupta against Ramesh Chand & Ors. in terms of a Settlement Agreement dated 20.05.2024 arrived at between the parties. The Court directed the Registry to draw up a decree sheet and issue a certificate for refund of 75% of court fees.

What did the court decide?

Order XXIII Rule 3 CPC; Certificate of refund of 75% of court fees; Decree drawn up.

Raj Kumar Gupta Proprietor of M/S Henna… — Contract and Commercial Disputes | Delhi HC (2024)

¶1

$~37

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

CS(COMM) 491/2023, I.A. 13459/2023-Stay

¶4

RAJ KUMAR GUPTA PROPRIETOR OF M/S HENNA EXPORT HOUSE .....Plaintiff

¶5

Through: Mr. Umesh Mishra and Ms. Yashodhara, Advs.

¶6

versus

¶7

RAMESH CHAND & ORS. .....Defendants Through: Mr. N. Mahabir and Mr. Noopur Biswas, Advs.

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE SAURABH BANERJEE

¶10

O R D E R % 09.07.2024

¶11

Learned counsel for the parties submit that the parties have amicably resolved their disputes as recorded in the Settlement Agreement dated 20.05.2024 executed before the Delhi High Court Mediation and Conciliation Centre. Learned counsel for the parties, based on the aforesaid Settlement Agreement dated 20.05.2024, thus pray for passing of a decree accordingly.

¶12

This Court has also perused the contents of the said Settlement Agreement dated 20.05.2024 arrived inter se the parties and find the same to be lawful.

¶13

The present suit, alongwith pending application, is therefore decreed in terms of the Settlement Agreement dated 20.05.2024 arrived inter se the parties under Order XXIII Rule 3 of the Code of the Civil Procedure, 1908.

¶14

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 14:25:16

¶15

Learned counsel for the plaintiff submits that since the suit was amicably settled at initial stages, court fees may be refunded back as per Section 16 of the Court Fee Act, 1870.

¶16

Since the parties have arrived at an amicable settlement at the initial stage of the present suit itself, in the opinion of this Court, refund of 75% of the court fees paid on the plaint is justifiable.

¶17

Let a Certificate of refund of 75% of the court fees paid on the plaint be prepared by the Registry and handed over to the learned counsel for the plaintiff.

¶18

Let a copy of the Settlement Agreement dated 20.05.2024 be appended to the decree sheet.

¶19

Registry is directed to draw up a decree sheet in terms of the above settlement.

¶20

SAURABH BANERJEE, J

¶21

JULY 9, 2024/rr

¶22

This is a digitally signed order.

¶23

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 14:25:16

Raj Kumar Gupta Proprietor of M/S Henna Export House v. Ramesh Chand & Ors.

Case brief

What is this about?

What did the court decide?

Raj Kumar Gupta Proprietor of M/S Henna Export House v. Ramesh Chand & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Merck Sharp & Dohme Corp. & Anr. Vs Triveni Interchem Private Limited & Anr.

Zyxel Technology India Pvt. Ltd. Vs Gptl Boradband Pvt. Ltd.

Vsj Investments Private Limited Vs Mr Amit Trehan and Ors.

Apollo Supply Chain Private Limited Vs Merapashu 360 Private Limited

Alpha Corp Development Limited Vs Yes Bank Limited

Fdc Limited Vs Tas Med India Private Limited and Anr.

Combitic Global Caplet Pvt. Ltd. Vs Sh Suraj Chauhan

Ishwar Chand Gupta Vs H.R.Builders and Ors.

Merck Sharp & Dohme Corp. & Anr. Vs Triveni Interchem Private Limited & Anr.

Plaza Products Vs Milton Plastics & Anr.

Haveli Restaurant and Resorts Limited Vs Registrar of Trademarks & Ors.

Anand Goel Vs M/S Rajan Polyplast Pvt. Ltd. & Anr.

Sunil Mittal & Anr. Vs M/S Darzi on Call

Mittal Electronic Industries Vs the Registrar of Trade Marks