$~7.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 250/2013 and CC 53/2013, I.A. 11419/2013
SAPAN PREET SINGH & ANR ..... Plaintiffs
Through: Mr. Vipin Nandwani, Advocate with
plaintiffs in person.
versus
JAGJIT SINGH & ORS ..... Defendants
Through: Mr. Rahul Singh, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 04.12.2015
1. Pursuant to the parties being referred to mediation, a Settlement Agreement has been placed on record.
2. Counsels for the parties jointly state that the settlement in the present case was arrived at as long back as on 21.05.2015 and was duly recorded in the Settlement Agreement forwarded by the Delhi High Court Mediation and Conciliation Centre, whereunder the plaintiffs have received a sum of Rs.18 lacs from the defendants No.3 and 4 towards their shares in respect of the first floor of premises bearing No.A-77, Kirti Nagar (WHS), Delhi. The possession of the entire floor is now with the defendants No.3 and 4. It is stated that the plaintiffs are only required to execute a Relinquishment Deed and CS(OS) 250/2013 Page 1 of 3 other supporting documents in favour of defendant no. 3 and 4, after the interim order dated 28.05.2014 is vacated. As for property bearing No.G-22, Sham Nagar, Delhi, the Court is informed that in view of the settlement, the plaintiffs have already handed over possession of the said premises to the defendants No.3 and 4.
3. Both the parties state that nothing further survives for trial in the present suit and counter claim, which may be disposed of while taking on record the Settlement Agreement dated 21.5.2015.
4. The Court has perused the Settlement Agreement dated 21.5.2015. The same has been signed by the plaintiffs No.1 and 2, defendants No.1 to 7 and their respective counsels as also by the learned Mediator. As counsels for the parties jointly state that their clients have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the said settlement. The Settlement Agreement is taken on record and the parties shall remain bound by the terms and conditions of the settlement recorded therein. The interim order dated 28.5.2014 is vacated.
CS(OS) 250/2013 Page 2 of 3
5. The suit is disposed of alongwith the pending application. The Counter Claim filed by the defendants is withdrawn in terms of the settlement recorded in the Settlement Agreement. The parties are left to bear their own expenses.
6. At this stage, counsels for the parties state that in view of the fact that the parties have arrived at a negotiated settlement prior to the stage of framing of issues, they may be permitted refund of the court fee under Section 16 of the Court Fee Act.
7. In view of the aforesaid submission made by the counsels for the parties, the Registry is directed to issue certificates in their favour for refund of the court fees deposited on the plaint and counter claim, as per law.
HIMA KOHLI, J DECEMBER 04, 2015 rkb/ap CS(OS) 250/2013 Page 3 of 3