Bale Ram @ Balkishan vs Karamveer & Ors

Citation : 2015 Latest Caselaw 9457 Del
Judgement Date : 18 December, 2015

Delhi High Court
Bale Ram @ Balkishan vs Karamveer & Ors on 18 December, 2015
Author: Hima Kohli
$~19
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 2518/2013 & IA No.20364/2013
     BALE RAM @ BALKISHAN                         ..... Plaintiff
                    Through : Ms. Suman Chaudhary, Advocate
                    versus
     KARAMVEER & ORS                       ..... Defendants
                    Through : Mr. N.S. Dalal, Advocate
     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 18.12.2015

1. Pursuant to the parties being referred to mediation, a Settlement Agreement dated 17.11.2015 has been forwarded by the Delhi High Court Mediation & Conciliation Centre.

2. Counsels for the parties state that the terms and conditions of the settlement have been set out in para 7 of the Settlement Agreement, whereunder the defendants have agreed to pay a sum of Rs.66.00 lacs to the plaintiff in full and final settlement of all his claims, subject matter of the present suit.

3. Mr. Dalal, learned counsel for the defendants states that it was agreed by the defendants that they would pay the aforesaid amount to the plaintiff on or before 17.12.2015. However, a grace period of 30 days was granted to the defendants, which they propose to avail of as they have not paid the said amount by 17.12.2015, the first cut off date.

CS(OS) 2518/2013 Page 1 of 2

4. The parties state that in case of default on the part of the defendants in making the payment, as agreed upon, further conditions have been stipulated in para 8 of the Settlement Agreement, which shall come into play. They request that the suit may be disposed of in view of the settlement arrived at between the parties.

5. The Court has perused the Settlement Agreement dated 17.11.2015. The same has been signed by the plaintiff, the defendants and their respective counsels as also the learned Mediator.

6. As the counsels for the plaintiff and the defendants jointly state that they 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 settlement. The Settlement Agreement is taken on record and the parties shall remain bound by the terms and conditions of the said settlement.

7. The suit is disposed of, along with the pending application, while leaving the parties to bear their own expenses.

8. File be consigned to the record room.

HIMA KOHLI, J DECEMBER 18, 2015 sk/rkb CS(OS) 2518/2013 Page 2 of 2