$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010794952025 + CS(COMM) 1122/2025 HAVELLS INDIA LIMITED & ANR. .....Plaintiffs Through: Ms. Anu Parcha, Mr. Avijit Kumar, Ms. Alka Bisht and Mr. Christo Sabu, Advocates. versus CAWELS ELECTRIC PRIVATE LIMITED .....Defendant Through: Mr. Rajiv Ranjan Dwivedi, Advocate. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 29.09.2026 I.A. 27079/2026 (Application under Order XXIII Rule 3 read with Section 89 and Section 151 CPC and Section 16 of the Court-Fees Act, 1870) by the plaintiffs) 1. The present application has been filed by the plaintiff for decreeing the suit in terms of the settlement agreement dated 13.08.2026. 2. Ms. Anu Parcha, learned counsel appearing on behalf of the plaintiffs submits that the present suit for infringement and passing off was filed by the plaintiff, in which this Court vide order dated 01.12.2025 had passed a restraint order against the defendant. 3. The said order was assailed by the defendant by preferring an FAO being FAO(OS)(COMM) 113/2026. During the pendency of the said appeal, the parties were referred to mediation. 4. In the mediation, parties have arrived at a settlement, terms whereof 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 05/10/2026 at 10:31:31 have been recorded in the form of a settlement agreement dated 13.08.2026, a copy of which has been annexed as document ‘B’ of the present application. 5. Mr. Rajiv Ranjan Dwivedi, learned counsel appearing on behalf of the defendant also affirms the factum of settlement. 6. This Court has perused the settlement agreement dated 13.08.2026 and the terms of settlement recorded therein, and find the same to be lawful. 7. Therefore, there is no impediment in recording the terms of settlement and passing a decree. 8. In view of the above, the application is allowed and the suit is decreed in terms of the settlement dated 13.08.2026, which shall form part of the decree. 9. The application stands disposed of. 10. At this stage, learned counsel for the plaintiff prays for refund of Court fees. 11. 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 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 05/10/2026 at 10:31:31 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.” 12. As per the Gazette notification dated 06.03.2026, the newly substituted Section 16 has come into force w.e.f. 06.03.2026. Reading of the newly substituted Section 16 stipulates that instances 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, with or without intervention of ADR 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. 13. Having regard to the fact that the present suit is being disposed of in light of the settlement before the mediation, this Court is of the view that the plaintiff is entitled to refund of full court fees affixed on the plaint. 14. Accordingly, the Registry of this Court is directed to issue a certificate to the plaintiff for refund of full court fees. 15. The pending applications, if any, also stand disposed of. VIKAS MAHAJAN, J SEPTEMBER 29, 2026/jg/AA 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 05/10/2026 at 10:31:31