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2024 DAILYLAW 3511 (DEL)

EIH LIMITED & ANR. v. M/S KRISHNA AND CO.

CS(COMM)/228/2024 · 2026-08-19

Anup Jairam Bhambhani

body2024

Judgment text

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CS(COMM) 228/2024 $~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010133602024 + CS(COMM) 228/2024 & I.A. 6076/2024 EIH LIMITED & ANR. .....Plaintiffs Through: Ms. Aakriti Bansal with Mr. Aditya Gupta, Advocates. versus M/S KRISHNA AND CO. .....Defendant Through: Counsel (appearance not given). CORAM: HON'BLE MR. JUSTICE A. J. BHAMBHANI O R D E R % 19.08.2026 I.A. 22532/2026 (to take on record the amended memo of parties upon the change of name of plaintiff No.2.) By way of the present application filed under Order VI Rule 17 of the Code of Civil Procedure 1908, the plaintiffs seek to file on record an amended memo of parties reflecting plaintiff No.2’s amended name. 2. For the reasons stated in the application, which is duly supported by affidavit, the application is allowed. 3. Amended memo of parties is taken on record. 4. The application stands disposed-of. CS(COMM) 228/2024 5. Learned counsel appearing for the parties submit, that the present suit can be disposed-of in terms of the mediated Settlement Agreement dated 31.07.2026 arrived at between the parties. 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 25/08/2026 at 12:19:44 CS(COMM) 228/2024 6. The court has perused the terms of settlement as set-out in the agreement and is satisfied that the parties have resolved their inter-se disputes by way of a lawful agreement; and there is no impediment to the court accepting the settlement. 7. In view of the above, the suit is decreed in favour of the plaintiff and against defendants in accordance with the terms of settlement as agreed upon in Settlement Agreement dated 31.07.2026. 8. The Registry is directed to draw-up a decree sheet. The terms of the settlement shall form part of the decree. 9. The suit is decreed and disposed-of in the above terms. 10. Pending applications, if any, also stand disposed-of. 11. At this stage, learned counsel appearing for the plaintiffs seek refund of the entire court-fee. 12. The matter is not at a preliminary stage; and pleadings are complete. 13. In view of the Court Fees (Delhi Amendment) Act, 2026 which came into effect on 06.03.2026, section 16-A of the Court Fees Act, 1870 (as was applicable to Delhi) has been omitted. Accordingly, section 16 of the Court-fees Act, 1870 would be applicable, which allows for refund of the entire amount of court fee affixed on the plaint. 14. Accordingly, the Registry is directed to draw-up the requisite certificate in favour of the plaintiffs for refund of the half court fee affixed on the plaint within 04 weeks from today. A. J. BHAMBHANI, J AUGUST 19, 2026/hb 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 25/08/2026 at 12:19:44