Delhi High Court
New Fashion Garments Pvt Ltd vs Vidya Electrontech P Ltd And Ors on 11 August, 2015
Author: Hima Kohli
$~35.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 563/2015
NEW FASHION GARMENTS PVT LTD ..... Plaintiff
Through: Mr. D.S. Dalal, Advocate with
Mr. Anshu Jain, Advocate
versus
VIDYA ELECTRONTECH P LTD AND ORS ..... Defendants
Through: Mr. S.N. Parashar, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 11.08.2015
I.A. 16453/2015 (by the plaintiff for early hearing)
1. The present application has been filed by the plaintiff stating
inter alia that during the pendency of the present suit, the parties
have been able to arrive at a negotiated settlement through mediation
and therefore, the hearing in the case may be advanced so that the
Settlement Agreement can be taken on record.
2. Issue notice.
3. Counsel for the non-applicants/defendants accepts notice and
states that he has no objection to the present application being
allowed.
4. Accordingly, the application is allowed and disposed of. The suit
is taken up today itself.
CS(OS) 563/2015
1. Vide order dated 21.07.2015, the learned Joint Registrar had
acceded to the request of the parties for being referred to mediation.
Pursuant thereto, a Settlement Agreement dated 30.07.2015 has been
filed.
2. Counsels for the parties state that the terms and conditions of
the settlement have been set out in para 8 of Settlement Agreement,
whereunder the defendants have agreed to hand over to the plaintiff
the vacant, peaceful physical possession of the factory premises
situated in Sector 65, NOIDA on or before 30.09.2015. It has been
agreed by the defendants that if there is any default in handing over
possession of the factory premises to the plaintiff on or before
30.09.2015, then they shall be liable to pay a sum of `66,80,259/- to
the plaintiff towards the arrears of rent, apart from paying a monthly
rent of `10 lacs, till the possession is recovered. The defendants have
further agreed that they shall clear the water and electricity charges
etc. in respect of the factory premises.
3. Counsel for the plaintiff states that in lieu of the defendants
agreeing to hand over vacant peaceful possession of the factory
premises on or before 30.09.2015, the plaintiff has agreed to waive
the arrears of rent. The remaining terms and conditions of the
settlement have been set out in para 8(a) to (j) of the Settlement
Agreement. Both the parties jointly request that the suit may be
decreed in terms of Settlement Agreement dated 30.07.2015.
4. The Court has perused the Settlement Agreement. The same has
been signed by the directors of the plaintiff and the defendants and
their respective counsels as also learned Mediator. As counsels for
the plaintiff and the defendants jointly state that they 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 Settlement
Agreement is taken on record. The parties shall remain bound by the
terms and conditions of the settlement.
5. The suit is decreed in accordance with the terms and conditions
of the Settlement Agreement dated 09.04.2015. Decree sheet shall be
drawn accordingly.
6. The suit is disposed of alongwith the pending application, 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 date fixed in the suit, i.e., 04.09.2015 stands cancelled.
File be consigned to the record room.
HIMA KOHLI, J
AUGUST 11, 2015
rkb
