2012 (6) TMI 882 - HC - Indian Laws

Summary

Issues involved: Application for recording terms of settlement u/s XXXIX Rule 3 CPC, decree of suit in terms of settlement, refund of court fee u/s Section 16A of Court Fee Act.

Recording terms of settlement: The plaintiff filed a suit for recovery of a specific amount. Both parties filed an application under XXXIX Rule 3 CPC to record the terms of settlement. The application was signed by authorized representatives of both parties and supported by affidavits. A Deed of Settlement was also submitted. The defendant's representative confirmed the authenticity of signatures. The defendant handed over two cheques in full settlement of the claims.

Decree of suit: After hearing the parties and examining the settlement terms, the court found them lawful and decreed the suit in accordance with the Deed of Settlement dated 17.5.2012. Each party was directed to bear their own costs, and a decree sheet was ordered to be prepared.

Refund of court fee: As the parties reached a settlement before framing of issues, the court ordered the refund of court fee to the plaintiff as per Section 16A of the Court Fee Act.

Disposition of applications: Two applications, I.A.16835/2011 (O 37 R 3) and I.A.6313/2012 (Leave to defend), were disposed of due to the settlement between the parties.