Kothari Associates PVT LTD vs. Currie & Brown(INDIA) PVT LTD
Held
The Court held that the parties had arrived at a settlement agreement, which was on record. The Plaintiff confirmed receipt of the entire amount agreed upon under the settlement. Consequently, the Court found no further orders were required to be passed concerning the dispute itself. Regarding the refund of court fees, the Court, relying on the judgment in Nutan Batra v. M/s Buniyad Associates (2018) 255 DLT 696 (DB), directed the Registry to issue a certificate for the refund of court fees to the Plaintiff under Section 16 of the Court Fees Act. The suit was disposed of as settled. The Court did not expressly leave any issue undecided.
Facts
The Plaintiff, Kothari Associates Pvt Ltd, and the Defendant, Currie & Brown (India) Pvt Ltd, had a dispute that led to a suit (CS(OS) 3327/2011) before the Delhi High Court. The parties entered into a Settlement Agreement dated December 19, 2018, before the Delhi High Court Mediation and Conciliation Centre. Under this agreement, the Defendant agreed to pay the Plaintiff a total sum of Rs. 75,00,000/- plus applicable GST in three equal installments. The Defendant handed over three post-dated cheques for Rs. 25,00,000/- each, with the understanding that the Plaintiff would issue corresponding invoices and the applicable GST payments would be released within two weeks of signing the agreement. The parties also agreed to file a joint application for withdrawal of the suit.
Key Issues
1. Whether the Settlement Agreement dated December 19, 2018, is binding on both parties, as per its terms and conditions? 2. Whether the Plaintiff is entitled to a refund of court fees in terms of Section 16 of the Court Fees Act, 1870, read with Section 89 of the CPC, 1908, in light of the settlement and withdrawal of the suit? Contentions: Plaintiff: Submitted that the entire amount agreed upon under the settlement has been received, and therefore, no further orders are required to be passed. The Plaintiff also referred to the judgment in Nutan Batra v. M/s Buniyad Associates (2018) 255 DLT 696 (DB) and prayed for a refund of court fees. Revenue/State: No specific arguments recorded from the revenue or state in this matter as it pertains to a settlement between private parties and a refund of court fees.
Sections Cited
Section 16, Section 89
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Cause title — parties, addresses and appearances
O R D E R % 28.03.2019
The parties have settled the matter. The Settlement Agreement dated 19th December 2018 executed between the parties before the Delhi High Court Mediation and Conciliation Centre is on record. The para E of the Settlement Agreement reads as under: “E. The following settlement has been arrived at between the parties on the following terms and conditions as mentioned herein below:-
That it is agreed between the Parties that Second Party shall pay a total sum of Rs. 75,00,000/-(Rupees Seventy Five Lakhs only) plus the applicable GST on the above amount to First Party in full and final settlement for all claims raised by First Party.
That the above amount shall be paid by the Second Party in three equal installments of Rs.25,00,000/-(Rupees Twenty Five Lakhs Only). The Second Party has handed over three cheques to the First Party, de
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