Rajni Gupta vs M/S Joy Alukkas Traders India P Ltd
2015 Latest Caselaw 9262 Del

$~4.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1669/2010 and I.A.10879/2010, 1387/2011,
      3882/2011, 3883/2011

      RAJNI GUPTA                                  ..... Plaintiff
                        Through: Mr. Rajeshwar K. Gupta, Advocate
                        with plaintiff in person.

                        versus


      M/S JOY ALUKKAS TRADERS INDIA P LTD          ..... Defendant
                     Through: Mr. Wills Mathew and Mr. Devendra
                     Kumar Tiwari, Advocates with Mr. Biju Kurien,
                     Law Officer of the defendant in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 11.12.2015

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

Agreement dated 29.10.2015 has been placed on record. Counsels for

the parties state that the settlement was arrived at between the

parties well before the cut off date of 24.11.2015.

2. The Court is informed that in terms of the settlement, the

defendant has handed over vacant peaceful possession of the suit

premises to the plaintiff and paid a sum of Rs.4,10,131/- towards full

and final settlement of all the claims of the plaintiff, subject matter of

the present suit. Counsels for the plaintiff and the defendant jointly

state that in view of the settlement, nothing survives for adjudication

in the suit.

3. The Court has perused the Settlement Agreement. The same

has been signed by the plaintiff, the defendant and their respective

counsels as also the learned Mediator.

4. 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.

5. The suit is disposed of in terms of the Settlement Agreement

dated 29.10.2015 while leaving the parties to bear their own

expenses.

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

fact that the parties have arrived at a settlement through court

annexed mediation prior to the stage of framing of issues in the suit,

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 alongwith the pending applications.

9. File be consigned to the record room.

HIMA KOHLI, J DECEMBER 11, 2015 rkb