Tpf Technologies Pvt Ltd And Anr vs Vandana Goyal And Ors
2015 Latest Caselaw 3040 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(OS) 922/2014 and I.A. 5926/2014, 8623/2014,
       9555/2014, 9556/2014, 9557/2014 and Counter Claim
       No._______( to be numbered)

                                                Decided on 16.04.2015
IN THE MATTER OF:
TPF TECHNOLOGIES PVT LTD AND ANR                ..... Plaintiffs
                   Through: Mr. Mohinder Vij, Advocate

                        versus


VANDANA GOYAL AND ORS                          ..... Defendants
                  Through: Mr. Sahil Seth, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J. (Oral)

1. Pursuant to the parties being referred to mediation, the Delhi

High Court Mediation and Conciliation Centre has forwarded a

Settlement Agreement dated 27.02.2015. The terms and conditions of

the settlement are set out in para 9 of the Settlement Agreement,

whereunder the defendants have agreed to pay a sum of `4 lacs to the

plaintiffs. Counsel for the plaintiffs confirms having received the

aforesaid amount from the defendants. The remaining terms and

conditions of the settlement have been set out in sub-para (c) to (l) of

para 9 of the Agreement.

2. Though no mention has been made in the Settlement Agreement

about any amount payable by the plaintiffs to the defendants,

counsels for the parties state that the plaintiffs have agreed to release

the sum of `24,807/- in favour of the defendant No.1, towards arrears

of salary, which shall be paid within one week from today.

3. The Court has pursued the Settlement Agreement dated

27.02.2015. The same has been signed by the Managing Director of

the plaintiffs and by the defendant No.1 in her personal capacity and

as the sole surviving legal heir of the defendant No.2, who had expired

in January, 2015. The Settlement Agreement has also been signed by

counsels for the parties and 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 settlement. The

Settlement Agreement is taken on record. The parties shall remain

bound by the terms and conditions of the settlement recorded in the

Settlement Agreement.

5. The suit and the counter claim are disposed of alongwith the

pending applications.

6. At this stage, counsels for the parties states that in view of the

fact that the parties have arrived at a settlement through the court

annexed mediation at the stage of completion of pleadings in the suit

and the counter claim, the plaintiff in the suit and the defendant in the

counter claim are entitled to claim refund of the court fees in terms of

Section 16 of the Court Fees Act.

7. In view of the aforesaid submission made by the counsels for the

parties, the Registry is directed to issue certificates in favour of the

parties for refund of the court fees, as per law.

8. File be consigned to the record room.

                                                     (HIMA KOHLI)
APRIL 16, 2015                                          JUDGE
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