Sapan Preet Singh & Anr vs Jagjit Singh & Ors
2015 Latest Caselaw 9054 Del

$~7.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 250/2013 and CC 53/2013, I.A. 11419/2013
       SAPAN PREET SINGH & ANR                    ..... Plaintiffs
                      Through: Mr. Vipin Nandwani, Advocate with
                      plaintiffs in person.

                           versus

       JAGJIT SINGH & ORS                         ..... Defendants
                      Through: Mr. Rahul Singh, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

% 04.12.2015

1. Pursuant to the parties being referred to mediation, a Settlement

Agreement has been placed on record.

2. Counsels for the parties jointly state that the settlement in the

present case was arrived at as long back as on 21.05.2015 and was

duly recorded in the Settlement Agreement forwarded by the Delhi

High Court Mediation and Conciliation Centre, whereunder the

plaintiffs have received a sum of Rs.18 lacs from the defendants No.3

and 4 towards their shares in respect of the first floor of premises

bearing No.A-77, Kirti Nagar (WHS), Delhi. The possession of the

entire floor is now with the defendants No.3 and 4. It is stated that

the plaintiffs are only required to execute a Relinquishment Deed and

other supporting documents in favour of defendant no. 3 and 4, after

the interim order dated 28.05.2014 is vacated. As for property bearing

No.G-22, Sham Nagar, Delhi, the Court is informed that in view of the

settlement, the plaintiffs have already handed over possession of the

said premises to the defendants No.3 and 4.

3. Both the parties state that nothing further survives for trial in

the present suit and counter claim, which may be disposed of while

taking on record the Settlement Agreement dated 21.5.2015.

4. The Court has perused the Settlement Agreement dated

21.5.2015. The same has been signed by the plaintiffs No.1 and 2,

defendants No.1 to 7 and their respective counsels as also by the

learned Mediator. 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 Settlement Agreement is taken on record and the

parties shall remain bound by the terms and conditions of the

settlement recorded therein. The interim order dated 28.5.2014 is

vacated.

5. The suit is disposed of alongwith the pending application. The

Counter Claim filed by the defendants is withdrawn in terms of the

settlement recorded in the Settlement Agreement. The parties are left

to bear their own expenses.

6. At this stage, counsels for the parties state that in view of the

fact that the parties have arrived at a negotiated settlement prior to

the stage of framing of issues, they may be permitted refund of the

court fee under Section 16 of the Court Fee Act.

7. In view of the aforesaid submission made by the counsels for the

parties, the Registry is directed to issue certificates in their favour for

refund of the court fees deposited on the plaint and counter claim, as

per law.

HIMA KOHLI, J DECEMBER 04, 2015 rkb/ap