Union of India (UOI) vs R.C. Sharma

Deepak Gupta, J.—During the pendency of these proceedings, the parties have amicably settled the matter outside the Court. In view of this settlement, not only the present petition, but also the main suit has been rendered infructuous.

The Respondent (hereinafter referred to as the ''Plaintiff'') is a counsel practicing at Kalpa. He filed a suit for the recovery of his legal fees amounting to ` 36,000/- from the Petitioner-Bank. He had also claimed interest on the said amount. During these proceedings, the Bank made an offer that it would pay a sum of ` 38,000/- in full and final settlement of the claims of the Respondent. Sh. Neeraj Gupta, learned Counsel for the Plaintiff-Respondent submits that the Respondent accepts this amount in full and final settlement of his claim. He also stated that in view of this settlement, the main suit itself may be disposed of as having been compromised. Sh. Gupta however, prays that liberty may be given to the Respondent to file an application for refund of the court fees before the learned Trial Court.

The statements of the learned Counsel for the parties have been recorded separately. In view of the statements and the compromise entered into between the parties, the present petition is disposed of as having become infructuous. The main suit, i.e., Civil Suit No. -1/2009 titled R.C. Sharma v. Union of India pending in the Court of Civil Judge (Sr. Division), Kinnaur at Reckong Peo shall also be deemed to have been disposed of as being compromised. The Plaintiff shall be at liberty to apply for refund of the court fees as per Rules. No order as to costs.

The Registry is directed to send a copy of this judgment to the learned Trial Court.