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2025 DAILYLAW 6520 (DEL)

WESTERN DIGITAL TECHNOLOGIES INC. v. M/S. TRADEX SYSTEMS PRIVATE LIMITED

CS(COMM)/773/2025 · 2026-09-14

Anup Jairam Bhambhani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 773/2025 $~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010512532025 + CS(COMM) 773/2025 & I.A. 18324/2025 I.A. 18325/2025 WESTERN DIGITAL TECHNOLOGIES INC. .....Plaintiff Through: Mr. Saif Khan, Mr. Shobhit Agrawal, Mr. Prajjwal Kushwaha and Ms. Shayal Anand, Advocates. versus M/S. TRADEX SYSTEMS PRIVATE LIMITED .....Defendant Through: Ms. S. Soorya Gayathry, Advocate via video-conferencing. CORAM: HON'BLE MR. JUSTICE A. J. BHAMBHANI O R D E R % 14.09.2026 The parties have settled the matter by way of mediated Settlement Agreement which has been digitally signed on 09.03.2026 by the parties, and has been filed on record. 2. Mr. Saif Khan, learned counsel for the plaintiff submits that the suit be decreed in terms of the mediated settlement agreement. 3. Learned counsel has joined on behalf of the defendant via video- conferencing; and confirms that the defendant has signed the said settlement agreement. 4. Learned counsel appearing for the plaintiff draws attention to clause (iv) of the settlement agreement to point-out, that the defendant is bound to act in accordance with the terms of the said clause insofar as 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 19/09/2026 at 11:19:57 CS(COMM) 773/2025 the future sale of the refurbished hard-disks is concerned. Counsel further submits that the goods handed-over by the local commissioner on superdari to the defendant are also to be released in favour of the defendant in terms of clause (ix) of the settlement agreement, and are to be dealt-with by the defendant in the terms agreed upon. 5. Mr. Khan submits, that as agreed upon by the parties in clause (xi) and (xiv) of the settlement agreement the decree is to be passed in favour of the plaintiff and against the defendant in accordance with the terms of the settlement and of the prayers contained in para 69(a) to 69(e) of the plaint. 6. The court has perused the terms of the settlement agreement, which are comprised in clause (i) to (xiv) of the settlement 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 decreeing the suit in terms of the settlement agreement. 7. The terms of the settlement are taken on record. Parties are directed to remain bound by said terms. 8. In view of the above, the suit is decreed in favour of the plaintiff and against the defendant in accordance with the terms contained in the settlement agreement. 9. The Registry is directed to draw-up a decree sheet. The terms of the settlement shall form part of the decree. 10. The suit is disposed-of in the above terms. 11. Pending applications, if any, also stand disposed-of. 12. At this stage, Mr. Khan seeks refund of the entire court-fee; by submitting that the suit is still at the preliminary stages and pleadings 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 19/09/2026 at 11:19:57 CS(COMM) 773/2025 were yet to be completed. Parties have settled the matter through mediation. 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 plaintiff for refund of the entire court fee affixed on the plaint within 02 weeks of the plaintiff approaching the Registry for the said purpose. A. J. BHAMBHANI, J SEPTEMBER 14, 2026/ak 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 19/09/2026 at 11:19:57