NUTAN BATRA Vs. BUNIYAAD ASSOCIATES

JUDGEMENT

(1.) This appeal is directed against an order dated 09.02.2018 passed by the learned Single Judge in I.A. No. 1650/2018 in C.S.(Comm.) 1464/2016. By the impugned order, the learned Single Judge dismissed the appellant's application for refund of the entire court fees paid in the suit in terms of Section 16 of the Court-Fees Act, 1870 (hereafter referred to as "the Act").

(2.) The appellant filed the suit in question against the respondents claiming infringement of certain intellectual property rights. The paragraph of the plaint dealing with valuation alone is relevant for the purpose of this appeal. It is as follows: -

(3.) By an order dated 08.09.2017, the suit was referred for mediation before the Delhi High Court Mediation and Conciliation Centre which resulted in settlement of all the disputes and differences and recording of a Settlement Agreement dated 17.11.2017. By an Order dated 13.12.2017, the suit was consequently disposed of in terms of the Settlement Agreement, and it was directed that the plaintiff (appellant herein) would be entitled to refund of 50% of the court fee paid, in terms of Section 16A of the Act (as applicable in Delhi). I.A. No. 1650/2018 was thereafter filed by the appellant, for modification of the order dated 13.12.2017 to the effect that the appellant was entitled to the refund of the entire court fees. She invoked Section 16 of the Act read with Section 89 of the Code of Civil Procedure, 1908 (hereafter referred to as "the CPC").