Manoj Kumar vs Sanjay Kumar
2015 Latest Caselaw 3519 Del

$~3.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 2069/2010 and I.A. 16699/2013
     MANOJ KUMAR                               ..... Plaintiff
                    Through: Mr. P. Kumar, Advocate with
                    plaintiff in person.
                    versus
     SANJAY KUMAR                              ..... Defendant
                    Through: None
     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 30.04.2015

1. On the last date of hearing, counsels for the parties had stated

that they had arrived at a settlement, as recorded in the Settlement

Agreement dated 18.12.2014, whereunder the defendant had agreed

to pay a sum of `11 lacs to the plaintiff in full and final settlement of

all the claims in the suit.

2. Counsel for the plaintiff states that the aforesaid amount was

received by his client on 27.04.2015 and now, nothing further is due

or payable to the plaintiff. He further states that the plaintiff has filed

an affidavit dated 27.04.2015 stating inter alia that having received

the amount of `11 lacs from the defendant, he is not left with any

right, title or interest in the suit premises and the defendant would be

entitled to deal with the same in any manner.

3. Annexed with an Index dated 27.04.2015, is a compliance

affidavit of the defendant, who has stated therein that he has paid a

sum of `11 lacs to the plaintiff on 27.04.2015 in terms of the

Settlement Agreement dated 18.12.2014. The plaintiff has filed a

receipt dated 27.04.2015, acknowledging having received a sum of

`11 lacs from the defendant.

4. In view of the fact that the parties have discharged their

obligations under the Settlement Agreement dated 18.12.2014,

nothing further survives for adjudication in the present suit.

5. The suit is decreed in accordance with the terms and conditions

laid down in the Settlement Agreement dated 18.12.2014, while

leaving the parties to bear their own costs

6. 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.

7. 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.

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

HIMA KOHLI, J APRIL 30, 2015 rkb