Delhi High Court
Praveen Grover vs Pushp Lata And Others on 9 April, 2015
49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1022/2014
Decided on 09.04.2015
IN THE MATTER OF:
PRAVEEN GROVER ..... Plaintiff
Through: Mr. Karun Kumar, Advocate with
plaintiff in person.
versus
PUSHP LATA AND OTHERS ..... Defendants
Through: Mr. Dilpreet Singh, Advocate
for D-1 & 2 with D-1 & 2 in person.
Mr. Navneet Grover, D-3 in person.
Ms. Niti Arora, proxy counsel for Ms. Mugdha
Gupta, Advocate for D-4, 5 and 6.
Mr. Sachin Dutta, Sr. Advocate with Mr.Bharat
Bhushan Gupta, Advocate for D-7 with D-7 in
person.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
1. Pursuant to the parties being referred to mediation, a Settlement
Agreement dated 16.3.2015 has been placed on record.
2. Counsels for the parties state that apart from the present suit,
there are two other suits between the parties, being Civil Suit
No.CS/827/2014 pending before the learned ADJ, Tis Hazari Court
and CS(OS)No.827/2014 pending before this Court. They state that
the parties have arrived at a comprehensive settlement in respect of
the following properties :
(a) Property bearing No.1390, Main Road, Gandhi Nagar,
Delhi-110031;
(b) Property bearing No.49B, Gali No.11, East Azad Nagar,
Delhi-110051; and
(c) Property bearing No.126B, Chandu Park, Delhi-110051;
3. Counsels for the parties state that in terms of the settlement
arrived at between the parties, they have agreed to withdraw their
respective cases on the basis of the settlement recorded in the
Settlement Agreement. It is stated that in addition to the Settlement
Agreement in respect of the aforecited immovable properties, the
defendants No.4 & 5 have paid a sum of Rs.35.00 lacs to the
defendants No.1 & 2 as detailed in para 7 of the Settlement
Agreement.
4. Counsels for the parties jointly state that the suit may be
decreed in terms of the settlement arrived at between the parties.
5. The Court has pursued the Settlement Agreement dated
16.3.2015. The same has been signed by all the parties to the suit as
also by their respective counsels and by the learned Mediator. As
counsels for the plaintiffs and the defendants 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
settlement. The parties shall remain bound by the terms and
conditions of the settlement recorded in the aforesaid Settlement
Agreement.
6. The suit is decreed in terms of the settlement arrived at and
recorded in the Settlement Agreement dated 16.3.2015, while leaving
the parties to bear their own costs.
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 the
court annexed mediation and the suit is still at the stage of completion
of pleadings, 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
plaintiffs for refund of the court fees, as per law.
9. The suit is disposed of.
10. File be consigned to the record room.
(HIMA KOHLI)
APRIL 09, 2015/sk JUDGE
