Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 19256 (DEL)

PARLE PRODUCTS PVT LTD & ANR. v. AVON AGRO INDUSTRIES PVT LTD

CS(COMM)/1040/2025 · 2026-09-22

Vikas Mahajan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010740042025 + CS(COMM) 1040/2025, I.A. 24326/2025 PARLE PRODUCTS PVT LTD & ANR. .....Plaintiffs Through: Mr. Neeraj Bhardwaj, Mr. N.K. Bhardwaj, Mr. Bikash Ghorai, Mr. Rahul Maratha and Mr. Salil Oberoi, Advs. versus AVON AGRO INDUSTRIES PVT LTD .....Defendant Through: Mr. Chirag Ahluwalia, Mr. Mohit Maru, Advs. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 22.09.2026 I.A. 22655/2026 (joint application under Order XXXIII Rule 3 CPC with Section 151 CPC) 1. This is a joint application filed by the parties under Order XXXIII Rule 3 read with Section 151 CPC for decreeing the suit in terms of the settlement. 2. Learned counsel appearing on behalf of the parties submit that during the pendency of the present suit, the parties have arrived at a settlement, terms whereof have been recorded in para 2 of the present application. 3. The application has been signed by both the parties and their respective counsels. 4. The Court has perused the terms of settlement and find the same to be lawful, therefore, there does not appear to be any impediment in decreeing the 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 25/09/2026 at 11:20:52 suit as prayed. 5. Accordingly, the present application is allowed and the suit is decreed in terms of the settlement as recorded in para 2 of the application, which shall form part of the decree. 6. The application stands disposed of. 7. At this stage, learned counsel appearing on behalf of the plaintiffs prays for refund of Court fees. 8. It is noted that the Government of NCT of Delhi has issued a notification published in the Delhi Gazette dated 06.03.2026 vide notification no. F. 14 (105)/LA-2026/ jtsecylaw /359-368 titled “The Court Fees (Delhi Amendment) Act, 2026”, whereby Section 16 of the Court Fees Act, 1870 has been substituted and Section 16A has been omitted. The substituted Section 16, as applicable to the National Capital Territory of Delhi, reads as under: “Section 16 – Refund of Fee:- Where the parties to a suit or appeal, at any stage of such suit or appeal, settle their dispute amicably, with or without the intervention of the Court and with or without invoking any of the modes of settlement of dispute, referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908) and the said suit including Counter-claim, if any, or appeal is disposed of as settled/compromised by the court, the plaintiff/Counter-claimant shall be entitled to a certificate from the Court authorizing him to receive back from the collector/competent officer, the full amount of fee, paid in respect of such plaint/counter claim.” 9. As per Gazette notification dated 06.03.2026, the newly substituted Section 16 has come into force w.e.f. 06.03.2026. Reading of newly substituted Section 16 stipulates that where parties to a suit settle their dispute amicably at any stage of the proceedings and the suit is disposed of as settled/compromised by the Court, even without intervention of ADR 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 25/09/2026 at 11:20:52 mechanism, the plaintiff shall be entitled to a certificate from the Court authorizing him to receive back from the Collector/competent officer the full amount of court fee paid in respect of the plaint. 10. Having regard to the fact that the present suit is disposed of in light of out of the Court settlement between the parties, this Court is of the view that the plaintiffs are entitled to refund of full court fees affixed on the plaint. 11. Accordingly, the Registry of this Court is directed to issue a certificate to the plaintiffs for refund of full court fees. VIKAS MAHAJAN, J SEPTEMBER 22, 2026 nsa 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 25/09/2026 at 11:20:52