Delhi High Court
M/S Sas Servizio Pvt. Ltd vs Life Insurance Corporation(Lic) on 23 April, 2015
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2498/2009
Decided on : 23.04.2015
IN THE MATTER OF:
M/S SAS SERVIZIO PVT. LTD. ..... Plaintiff
Through : Mr. Anil Grover, Advocate
versus
LIFE INSURANCE CORPORATION(LIC) ..... Defendant
Through : Mr. Ankur Goel, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J.(Oral)
I.A. 8339/2015 (joint application under Order XXIII R 3 CPC)
1.
The present compromise application has been filed by the parties
stating inter alia that pursuant to being referred to the Delhi High Court
Mediation and Conciliation Centre, they have arrived at a settlement as
recorded in the Settlement Agreement dated 26.3.2015, whereunder the
defendant has agreed to pay a sum of Rs.28,14,710/- to the plaintiff in
full and final settlement of all the claims, subject matter of the present
suit.
2. Counsel for the defendant sates that he has brought a cheuqe
bearing No.903494 dated 25.3.2015 drawn on Corporation Bank, K.G.
Marg, New Delhi in the sum of Rs.28,14,710/- in favour of the plaintiff,
which is handed over and duly accepted by the counsel for the plaintiff,
who states that after receiving the said amount, nothing further is due or
payable by the defendant in respect of the dispute raised in the present
suit.
3. Counsels for the parties state that the suit may be decreed in
terms of the settlement arrived at between the parties.
4. The Court has pursued the present application and the contents of
the Settlement Agreement dated 26.3.2015. The terms and conditions of
the settlement are set out in para 8 of the Settlement Agreement dated
26.3.2015, wherein it has been recorded that the defendant has agreed
to pay a sum of Rs.28,14,710/- to the plaintiff. The same has been
signed by the constituted attorneys of the plaintiff and the defendant
and their respective counsels as also by the learned Mediator. A copy
of the said Settlement Agreement is enclosed with the application which
is supported by the affidavit of the signatories of the application.
5. As counsels for the plaintiff and the defendant 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 Settlement Agreement dated 26.3.2015.
6. The suit is decreed in terms of the settlement arrived at and
recorded in the Settlement Agreement dated 26.3.2015, while leaving
the parties to bear their own costs.
7. The suit is disposed of.
I.A.No.8340/2015 (by the plaintiff u/Sec. 89 of the Court Fees
Act, 1908)
1. The present application has been filed by the plaintiff stating inter
alia that as the parties have arrived at a settlement through court
annexed mediation and the said settlement has been arrived at prior to
the evidence being recorded in the suit, the plaintiff is entitled to claim
refund of the court fees under Section 16 of the Court Fees Act.
2. 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, under Section 16 of the Court Fees
Act.
3. The date already fixed in the case, i.e., 29.4.2015, stands
cancelled.
4. File be consigned to the record room.
(HIMA KOHLI)
APRIL 23, 2015 JUDGE
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