Hero Honda Motors Limited vs Mandeep Singh & Anr.
2015 Latest Caselaw 3296 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CS(OS) 779/2011 & IA No.13736/2011


                                         Decided on 23.04.2015
IN THE MATTER OF :
HERO HONDA MOTORS LIMITED                       ..... Plaintiff
                   Through: Ms.Prachi Agarwal, Advocate

                        versus

MANDEEP SINGH & ANR.                                  ..... Defendants
                              Through: Mr. Ashish Singh, Advocate


CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. Counsels for the parties state that pursuant to the parties

appearing before the learned Mediator appointed by the Delhi High

Court Mediation & Conciliation Centre, in terms of the order dated

27.1.2015, they have arrived at a settlement and a Settlement

Agreement dated 4.3.2015 has been placed on record.

2. The terms and conditions of the settlement have been set out in

paras (i) to (vii) of the Settlement Agreement.

3. It is stated that in view of the undertakings given by the

defendants to the plaintiff, the plaintiff has agreed to forego all other

reliefs as mentioned prayer 20(d) to (g) of the plaint. Counsel for the

plaintiff states that it has been agreed between the parties that in view

of an amicable settlement arrived at between them, his client shall not

press CCP(O) No.41/2011 against the defendants.

4. The Court has perused the Settlement Agreement dated

4.3.2015. The terms and conditions of the settlement are set out in

para (i) to (vii) thereof. The same has been signed by the constituted

attorney of the plaintiff and the defendants No.1 & 2 as also their

respective counsels and the learned Mediator. Enclosed with the

Settlement Agreement is a special power of attorney executed by the

defendant No.2 in favour of his son, the signatory of the Settlement

Agreement.

5. As the counsels for the parties state that the parties 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 same. The Settlement

Agreement is taken on record.

6. The suit is decreed in terms of the settlement and the joint

statement of the counsels for the parties recorded hereinabove. The

parties shall remain bound by the terms and conditions of the

settlement arrived at between them.

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

leaving the parties to bear their own expenses.

8. 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, he is entitled to claim refund of the court

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

9. 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.

File be consigned to the record room.

The date fixed before the Joint Registrar, i.e., 28.5.2015 stands

cancelled.

                                                       (HIMA KOHLI)
APRIL 23, 2015                                            JUDGE
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