Delhi High Court
CS(COMM)/333/2025 of X Vs Y on 30 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010199362025 + CS(COMM) 333/2025 and I.A. 9318/2025 HERO INVESTCORP PRIVATE LIMITED & ANR. .....Plaintiffs Through: Mr. Kunal Khanna, Ms. Priyanshi Gupta, Mr. Sakshmit Thakur and Mr. Parth Dabas, Advocates. versus P.V. INDUSTRIES THROUGH ITS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010199362025
+
CS(COMM) 333/2025 and I.A. 9318/2025
HERO INVESTCORP PRIVATE LIMITED & ANR. .....Plaintiffs Through:
Mr. Kunal Khanna, Ms. Priyanshi
Gupta, Mr. Sakshmit Thakur and Mr.
Parth Dabas, Advocates.
versus
P.V. INDUSTRIES THROUGH ITS PROPRIETOR, NEELAM
UDAY MATHUR
.....Defendant
Through:
Ms. Neelam Uday Mathur, proprietor
of the defendant.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
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O R D E R
% 30.09.2026
1. The present suit was filed by the plaintiff seeking a decree of permanent injunction, infringement of design, trademark, copyright, passing off and rendition of accounts.
2. During the pendency of the proceedings, parties were referred to mediation where they have arrived at a settlement, terms whereof have been recorded in the form of the settlement agreement dated 12.02.2026.
3. The settlement agreement has been received from the Delhi High Court Mediation and Conciliation Centre and the same is on record.
4. A perusal of the settlement shows that it has been signed by the authorized representative of the plaintiff as well as authorized representative of the defendant.
5. Ms. Neelam Uday Mathur, the proprietor of the defendant concern has joined through VC and has affirmed the factum of settlement.
6. This Court has perused the terms of settlement and find the same to be lawful. Therefore, there does not appear to be any impediment in recording the settlement in terms of the settlement agreement dated 12.02.2026.
7. In view of the above, the suit is decreed in terms of the settlement agreement dated 12.02.2026, which shall form part of the decree.
8. At this stage, learned counsel for the plaintiffs prays for refund of Court fees in favour of plaintiff no.2.
9. 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.”
10. 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.
11. Having regard to the fact that the present suit is being disposed of in light of the Court settlement between the parties, this Court is of the view that the plaintiff no.2 is entitled to refund of full court fees affixed on the plaint.
12. Accordingly, the Registry of this Court is directed to issue a certificate to the plaintiff no.2 for refund of full court fees.
13. The pending applications, if any, also stand disposed of. VIKAS MAHAJAN, J SEPTEMBER 30, 2026/jg/ss