2014 (9) TMI 1137 - HC - Companies Law

Withdraw the present suit - Held that - In view of the settlement, the plaintiff wishes to withdraw the present suit. As prayed, the same is dismissed as withdrawn. The parties shall be bound by the terms and conditions of the settlement as mentioned in the application. The application under Order XXXIX Rule 2A CPC being I.A. filed by the plaintiff is also disposed of. Another prayer is made in the application for refund of the Court fee paid by the plaintiff on the plaint. In view of the fact that the matter has been resolved between the parties and the plaintiff has withdrawn the suit at the initial stage, the plaintiff is entitled for refund of half of the Court fee amount under Section 16A of the Court- fees Act, 1870. Accordingly, the Registry is directed to issue requisite certificate to the plaintiff through counsel, for refund of half the amount of the Court fee from the Collector, within eight weeks from today.

Summary

Issues: Application for recording compromise terms, settlement of disputes, withdrawal of suit, refund of court fee.

Recording of Compromise Terms:
The parties filed a joint application under Order XXIII Rule 3 read with Section 151 CPC to record the terms of their compromise. The plaintiff had initially filed a suit for various reliefs including permanent injunction, delivery up, rendition of accounts, and damages. However, during the pendency of the suit, the parties reached a settlement. The terms of the settlement were detailed in the application, supported by the parties' affidavits. Consequently, the plaintiff sought to withdraw the suit in light of the settlement. The court, therefore, dismissed the suit as withdrawn, binding the parties to the settlement terms mentioned in the application.

Refund of Court Fee:
Additionally, the plaintiff requested a refund of the court fee paid on the plaint. Considering that the matter had been resolved through the parties' settlement and the suit was withdrawn at an early stage, the plaintiff was deemed entitled to a refund. Pursuant to Section 16A of the Court-fees Act, 1870, the court directed the Registry to issue a certificate to the plaintiff's counsel for the refund of half the court fee amount from the Collector within eight weeks from the date of the order.

Conclusion:
The High Court, in view of the settlement between the parties, allowed the withdrawal of the suit and directed the parties to abide by the terms of the settlement. Furthermore, the court granted the plaintiff's request for a refund of half the court fee amount paid on the plaint, as per the provisions of the Court-fees Act, 1870. The applications filed by the parties were disposed of accordingly, bringing an end to the legal proceedings following the amicable resolution of the disputes.