Ahlcon Ready Mix Concrete Pvt. Ltd vs Condor Builders Pvt.Ltd
2015 Latest Caselaw 3473 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+                  CS(OS) 91/2015 & IA No.674/2015

                                          Decided on 29.04.2015
IN THE MATTER OF:
AHLCON READY MIX CONCRETE PVT. LTD              ..... Plaintiff
                   Through: Mr. Mr.Aniruddha Choudhary,
                   Advocate with Mr.Purshottam Kataria,
                   Authorized Representative of the plaintiff in
                   person

                         versus

CONDOR BUILDERS PVT.LTD.                         ..... Defendant
                   Through: Mr. S.Aravindh, 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 25.3.2015. The terms and conditions of the settlement have

been set out in para 6 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 `22,57,750/- to the plaintiff in full and final settlement of

all its claims, subject matter of the present suit.

3. Counsel for the defendant hands over the drafts of the aforesaid

amount to the counsel for the plaintiff which are dully accepted.

Counsel for the plaintiff states that after receiving the said amount,

nothing further is due or payable by the defendant to the plaintiff.

Further, it is stated that in view of the settlement arrived at between

the parties, the plaintiff shall not claim any right, title or interest in the

machinery as mentioned in para 6(c) of the Settlement Agreement.

Counsel for the plaintiff also returns two cheques of `11 lacs each,

issued by the defendant in favour of the plaintiff and returned as

dishonoured, in terms of the settlement.

4. The Court has perused the Settlement Agreement dated

25.3.2015. The same has been signed by the authorized

representatives of the plaintiff and the defendant, and their respective

counsels as also by the learned Mediator. Enclosed with the

Settlement Agreement, is a letter of authorization, executed in favour

of the authorized representative of the defendant.

5. 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.

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

recorded in the Settlement Agreement dated 25.03.2015, while

leaving the parties to bear their own expenses.

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 court

annexed mediation, 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

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

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

File be consigned to the record room.

                                                       (HIMA KOHLI)
APRIL 29, 2015                                            JUDGE
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