$~11.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2382/2014 and I.A. 14886/2014
M/S CORANTHUM BUILDERS(P) LTD ..... Plaintiff
Through: Mr. Ajay Vikram Singh, Advocate
with Ms. Priyanka Singh and Mr. Navin Kumar,
Advocates
versus
RAGHUBIR SINGH & ORS ..... Defendants
Through: Mr. Yeeshu Jain, Advocate with
Mr. J.R. Mathur, and Ms. Jyoti Tyagi, Advs.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 01.10.2015
1. On the last date of hearing, on perusing the Settlement Agreement dated 31.08.2015 arrived at between the parties before the Delhi High Court Mediation and Conciliation Centre, it was noted that there was no timeline fixed for the defendant No.1 to execute the document for cancellation of the Gift Deed dated 23.06.2013. Counsel for the defendants No.1 to 3 had stated that necessary steps in that regard shall be taken by his clients if granted two weeks' time.
2. Today, counsel for the defendants No.1 to 3 states that a Cancellation Deed has been executed by the defendants No.1 and defendants No.2 and 3 and once the Court decrees the present suit in terms of the Settlement Agreement, then necessary steps shall be CS(OS) 2382/2014 Page 1 of 3 taken by the parties jointly to approach the Registrar of Assurances for cancellation of the Gift Deed dated 23.06.2013. A copy of the Cancellation Deed dated 30.09.2015 is handed over by the counsel for the defendants No.1 to 3 and is taken on record.
3. The Court has perused the Settlement Agreement dated 31.08.2015. The same has been signed by the authorised signatories of the plaintiff, defendants No.1 and 2, their respective counsels as also by the learned Mediator.
4. 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 parties shall remain bound by the terms and conditions of the settlement as recorded in the Settlement Agreement.
5. The suit is decreed in terms of the Settlement Agreement dated 31.08.2015 while leaving the parties to bear their own expenses. Decree sheet be drawn accordingly.
6. The defendants No.1 to 3 shall approach the Registrar of Assurances with a request to cancel the Gift Deed dated 23.06.2013 in respect of the land holdings, subject matter of the present suit as detailed in page 1 of the Settlement Agreement within two weeks from CS(OS) 2382/2014 Page 2 of 3 today. After taking necessary steps for cancellation, the defendants No.1 to 3 shall get a NOC from the office of the Sub-Registrar, Kapashera, New Delhi and the said document shall be furnished to the plaintiff immediately after the same is issued by the competent authority, whereafter a Sale Deed shall be executed by the parties as per the settlement recorded in the Settlement Agreement dated 31.08.2015.
7. At this stage, learned counsel for the plaintiff states that in view of the fact that the parties have arrived at a settlement through court annexed mediation prior to the stage of framing of issues in the suit, the plaintiff is entitled to claim refund of the court fees in terms of Section 16 of the Court Fees Act.
8. In view of the aforesaid submission made by the counsel for the plaintiff, the Registry is directed to issue a certificate in favour of the plaintiff for refund of the court fees, as per law.
9. The suit is disposed of alongwith the pending application.
10. File be consigned to the record room.
HIMA KOHLI, J OCTOBER 01, 2015 rkb/ap CS(OS) 2382/2014 Page 3 of 3