Suit decreed in terms of a lawful Settlement Agreement under which damages of Rs. 2 lakhs per month and interest become payable on delayed performance. Plaintiff's application for refund of 90% of court fees allowed, subject to redeposit if execution becomes necessary. Interim order vacated; pending applications disposed of.
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AJAY BALUJA .....Plaintiff Through: Mr. Viraj R. Datar, Sr. Adv., with Mr. Nitish Chaudhary, Mr. Shaurya Aditya Singh, Mr. Srikant, Adv., with Plaintiff in person versus ABHISHEK DUTT .....Defendant Through: Ms. Jyotsana Singh, Adv. Mr. Sarad Kumar Sunny, Mr. Keshav Mann, Ms. Nandini, Advs. for applicant in I.A. No. 31869/2024 and I.A. 32317/2024
Date of Decision: 06th September, 2024
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
J U D G M E N T (ORAL)
I.A. 38592/2024 (Application under Order XXIII Rule 3)
Signature Not Verified
CS(OS) 254/2023
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Digitally Signed By:Hemant pratap singh Signing Da te:0 7.09.2024 18:12:46
2.1. He states that there is a stipulation with respect to entitlement of the plaintiff with respect to the recovery of damages at the rate of Rs. 2 lakhs per month with effect from July, 2022 and interest on the outstanding payments.
2.2. He states that as per the Settlement Agreement, parties have agreed that if the defendant performs his obligations in a timely manner, the plaintiff will waive his right to recover the damages and interest on the outstanding payments. He states however, if there is a delay in performance, the plaintiff will become entitled to receive damages at the rate of 2 lakhs per month for each month of default and interest on the outstanding payments.
3.1. She states that defendant will perform the terms of the settlement agreement as per the timelines set out therein.
Signature Not Verified
CS(OS) 254/2023
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Digitally Signed By:Hemant pratap singh Signing Da te:0 7.09.2024 18:12:46
applications and has no opposition to this settlement agreement.
Signature Not Verified
CS(OS) 254/2023
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Digitally Signed By:Hemant pratap singh Signing Da te:0 7.09.2024 18:12:46
has been permitted in view of the Settlement Agreement arrived between the parties, however, in the event there are defaults by the defendant and the plaintiff is compelled to file an execution of the decree passed today in terms of the Settlement Agreement, the plaintiff, therefore, will become liable to deposit entire Court fees payable on the decree.
MANMEET PRITAM SINGH ARORA, J
SEPTEMBER 6, 2024/ hp/ms
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Signature Not Verified
Digitally Signed CS(OS) 254/2023 By:Hemant pratap singh Signing Da te:0 7.09.2024 18:12:46
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2 issues framed by the court
Whether the suit could be decreed in terms of the parties' Settlement Agreement dated 12.08.2024 under Order XXIII Rule 3 CPC.
Whether the plaintiff was entitled to refund of court fees under Section 16A of the Court Fees Act, 1870 on settlement.
Colour shows how this judgement treated each authority
High Court of Judicature at Madras v. M.C. Subramaniam & Ors.Relied on¶10
(2021) 3 SCC 560 · Who else cites this
2 provisions across 2 enactments
Manmeet Pritam Singh Arora
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
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