The Delhi High Court yesterday ordered that a party was entitled to refund of entire court fees after they had resolved their disputes amicably and entered into a settlement agreement.
Justice Suresh Kumar Kait thus directed the Registry to issue necessary certificate/ authorization in favour of the plaintiff to seek refund before the appropriate authorities.
After a suit was filed by Times Internet Limited seeking a decree of specific performance in its favour against ALT Digital Media, the Delhi High Court on July 20, 2021, had referred the matter to Delhi High Court Mediation and Conciliation Centre (SAMADHAN) for making an effort to amicably resolve their disputes.
The Court was then informed last week that the parties had mutually settled their disputes and the terms of the settlement have been incorporated in Settlement Agreement duly signed by both the parties.
Additionally, the Times Internet had prayed for refund of entire Court fee.
In this regard, reliance was placed on the decision of the Supreme Court in Afcons Infrastructure Limited v. Cherian Varkey Construction Company Private Limited, and a Division Bench decision of the High Court in Nutan Batra Vs. M/s. Buniyaad Associates wherein it had allowed an appeal against the order of refusal of refund of entire court fee in a suit.
Further reliance was placed on a Coordinate Bench decision of the High Court in Munish Kalra vs. Kiran Madan and Others where after taking into account the fact that the dispute was amicably settled between the parties, and relying upon decisions in Afcons Infrastructure the Court had directed refund of the entire court fees.
With this view, the single judge bench ordered thus,
".... this Court finds that the plaintiff is entitled to refund of entire court fees. Registry is directed to issue necessary certificate/ authorization in favour of the plaintiff to seek refund before the appropriate authorities."
Cause Title: Times Internet Ltd vs Alt Digital Media Entertainment Ltd
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