The suit was settled privately. The court granted half refund of court fees under Section 16A of the Court Fees Act, 1870, granting liberty to claim the balance upon favorable outcome of a reference before the Division Bench regarding full refund. The order was short and procedural.
Refund of 50% court fee granted; liberty to seek balance refund.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~31
HONASA CONSUMER LTD & ANR. .....Plaintiffs
Through: Ms. Kartika Sharma and Ms. Akshaya Jebakumar, Advocates
versus
ADITI & ANR. .....Defendants Through: Mr. Mukesh Sharma, Advocate for defendants along with D-1 in person though VC.
CORAM:
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 21/08/2024 at 15:14:17
which has been brought to the notice of this Court. The order is taken on record.
“16A. Refund of fees on settlement before hearing:—
Whenever by agreement of parties-
(i) any suit is dismissed as settled out of court before evidence has been recorded on the merits of the claim; or
(ii) any suit is compromised ending in a compromise decree before evidence has been recorded on the merits of the claim; or
(iii) any appeal is disposed of before the commencement of hearing of such appeal; half the amount of all fees paid in respect of the claim or claims in the suit or appeal shall be ordered by the court to be refunded to the parties by whom the same have been respectively paid. ”
(emphasis supplied)
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 21/08/2024 at 15:14:17
VIKAS MAHAJAN, J
AUGUST 14, 2024 ‘ rs’
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 21/08/2024 at 15:14:17
2 issues framed by the court
Is the plaintiff entitled to refund of court fees upon private settlement of the suit?
Whether 50% refund is permissible under Section 16A of the Court Fees Act pending Division Bench reference on full refund?
Colour shows how this judgement treated each authority
V Guard Industries Ltd vs. M/S Mahavir Home Appliances & Anr.Referred¶13
V Guard Industries Ltd vs. M/S Mahavir Home Appliances & Anr., CS (COMM) 98/2023
2 provisions across 2 enactments
VIKAS MAHAJAN
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
