Goodwill Apartments Pvt Ltd vs Leisure Hotels Pvt Ltd & Anr
2015 Latest Caselaw 9100 Del

$~24.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 815/2015 and I.A.6121-6122/2015, 20440/2015
     GOODWILL APARTMENTS PVT LTD               ..... Plaintiff
                   Through: Mr. L.M. Asthana, Advocate with
                   Mr. Siddhant Asthana, Advocate

                       versus

     LEISURE HOTELS PVT LTD & ANR               ..... Defendants
                    Through: Mr. Arun Vohra, Advocate with
                    Ms. Aakriti Vohra, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 07.12.2015

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

Agreement dated 29.10.2015 has been forwarded by the Delhi High

Court Mediation and Conciliation Centre. Counsels for the parties state

that the settlement was arrived at well before the cut off date of

24.11.2015 and the same may be taken on record. The terms and

conditions of the settlement arrived at between the parties have been

set out in paras (i) to (x) of the Settlement Agreement.

2. Counsels for the parties state that in terms of the settlement,

the defendants have handed over the vacant peaceful possession of

the suit premises to the plaintiff and all the amounts due and payable

by the defendants have been paid to the plaintiff except for the rent

for the month of October, 2015, which is lying deposited with the

Registry. Counsel for the defendants states that proof of payment of

outstanding electricity bills is handed over to the counsel for the

plaintiff.

3. As for the outstanding water bills, the Court is informed by

learned counsel for the defendants that a bill to the tune of

Rs.4,25,000/- was raised by the DJB and his clients have paid a sum

of Rs.3 lacs, being the amount relating to the period of their tenancy.

He clarifies that the balance amount of Rs.1,25,000/- relates to the

period prior to the period of tenancy and his clients are not liable to

pay the said amount. He states that the break up of the said bill and

the proof of payment of Rs.3 lacs has already been directly handed

over to the plaintiff/company. Counsel for the plaintiff states that he

does not have any instructions in that regard and shall obtain

clarifications from his client. He also undertakes to hand over by

tomorrow, a demand draft of Rs.5 lacs to the defendants towards

refund of the security deposit.

4. Counsel for the defendants submits that if any other amount is

due and payable to the DJB, his clients undertake to approach the DJB

within one week for obtaining the bills and clearing the same with

proof of payment handed over to the counsel for the plaintiff within

one week thereafter.

5. The Court has perused the Settlement Agreement dated

29.10.2015. The same has been signed by the Directors of the

plaintiff/company and the defendant No.1/company and their

respective counsels as also by the learned Mediator.

6. 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.

7. The suit is decreed in terms of the settlement arrived at between

the parties and recorded in the Settlement Agreement dated

29.10.2015, while leaving the parties to bear their own expenses.

Decree sheet be drawn accordingly.

8. The plaintiff shall be entitled to approach the Registry through

counsel for seeking release of the rent deposited by the defendants for

the month of October, 2015.

9. At this stage, counsel for the plaintiff states that in view of the

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

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

the court fee under Section 16 of the Court Fee Act.

10. In view of the aforesaid submission made by the counsel for the

plaintiff, the Registry is directed to issue certificates in favour of the

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

11. The suit is disposed of alongwith the pending applications.

HIMA KOHLI, J DECEMBER 07, 2015 rkb