Jagdish Kumar Juneja vs Bhagwat Swaroop Aggarwal And ...
2015 Latest Caselaw 2813 Del

$~8.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 3243/2011
       JAGDISH KUMAR JUNEJA                      ..... Plaintiff
                     Through: Mr. Amit Sanduja, Advocate

                         versus


       BHAGWAT SWAROOP AGGARWAL AND OTHERS..... Defendants
                    Through: None

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 08.04.2015

1. Counsel for the plaintiff states that the parties in the present suit

were referred to mediation in RSA 316/2014 and pursuant thereto,

they have arrived at a settlement as recorded in the Settlement

Agreement dated 21.01.2015.

2. As the copy of the Settlement Agreement was not on record, the

Mediation Centre was requested to forward a copy of the said

Settlement Agreement. On pass over, a copy of the Settlement

Agreement dated 21.01.2015 has been received. A perusal thereof

shows that a settlement was arrived at between Mr. Sanjay Aggarwal,

son of the defendant No.1 and the defendant No.1 on one hand and

the plaintiff herein on the other hand. The defendant No.2, Smt.

Urmila Aggarwal is stated to be the wife of the defendant No.1. The

terms and conditions of the settlement have been set out in para 6 of

the Settlement Agreement and the same mentions that the dispute,

subject matter of the aforesaid RSA 316/2014 and the present suit

have been settled by the parties on terms as recorded therein.

3. Counsel for the plaintiff states that the original Settlement

Agreement was placed in the file of RSA 316/2014 and the same has

been taken on record, whereafter the said appeal was disposed of on

17.03.2015. He states that in view of the aforesaid comprehensive

settlement arrived at between his client and the defendants herein as

also Shri Sanjay Aggarwal, who is not a party in the present suit but a

signatory to the Settlement Agreement, the plaintiff does not wish to

pursue the suit any further.

4. Accordingly, the copy of the Settlement Agreement dated

21.01.2015 is taken on record. The suit is disposed of in terms of the

settlement arrived at between the parties while leaving them to bear

their own costs.

5. At this stage, learned counsel for the plaintiff states that as the

parties have arrived at a settlement through the court annexed

mediation and issues have been framed but evidence has yet to

commence, the plaintiff may be issued a certificate under Section 16

of the Court Fee Act.

6. In view of the aforesaid submission, the Registry is directed to

issue a certificate of refund of the court fees to the plaintiff under

Section 16 of the Court Fees Act.

7. File be consigned to the record room.

HIMA KOHLI, J APRIL 08, 2015 rkb/sk