Sanjay Bansal vs Subhash Dua
2015 Latest Caselaw 3042 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+       CS(OS) 768/2013 and I.A. 21966/2014, 1863/2015

                                                 Decided on 16.04.2015
IN THE MATTER OF:
SANJAY BANSAL                                        ..... Plaintiff
                        Through: Mr. Baljeet Singh, Advocate

                        versus

SUBHASH DUA                                         ..... Defendant
                        Through: Mr. B.S. Bagga, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J. (Oral)

1. Pursuant to the parties being referred to mediation, they have

arrived at a settlement as recorded in the Settlement Agreement

dated 13.02.2015. The terms and conditions of the settlement have

been set out in para 7 of the Settlement Agreement.

2. Counsels for the parties state that in terms of the settlement

arrived at between the parties, it was agreed that the defendant would

pay a sum of `50 lacs to the plaintiff in full and final settlement of all

the claims, subject matter of the present suit, after execution of a

Conveyance Deed in respect of the suit property, in favour of the

original allottee, on or before 05.06.2015. The modality of making

the payment has also been set out in the Settlement Agreement.

Counsels for the parties state that the suit may be decreed in terms

thereof in view of the settlement arrived at between the parties.

3. The Court has pursued the Settlement Agreement dated

13.02.2015. The same has been signed by the parties and their

respective counsels as also by the learned Mediator. 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 recorded in the

Settlement Agreement.

4. The suit is decreed in terms of the settlement arrived at and

recorded in the Settlement Agreement dated 13.02.2015, while

leaving the parties to bear their own costs.

5. 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, the plaintiff is entitled to claim refund of the court

fees in terms of Section 16 of the Court Fees Act.

6. 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.

7. The suit is disposed of, along with the pending applications.

8. File be consigned to the record room.

                                                      (HIMA KOHLI)
APRIL 16, 2015                                           JUDGE
rkb