Parametric Technology ... vs M.D Prabhu & Anr
2015 Latest Caselaw 9391 Del

$~3
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 670/2011
      PARAMETRIC TECHNOLOGY CORPORATION & ANR..... Plaintiffs
                           Through : Mr. RAvin Galgotia, Advocate

                           versus

      M.D PRABHU & ANR                           ..... Defendants
                     Through : Mr. Sachin Kumar, Advocate


      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

% 17.12.2015

1. Pursuant to the parties being referred to the Delhi High Court

Mediation and Conciliation Centre, a Settlement Report dated 8.9.2015

has been placed on record and enclosed therewith is a Settlement

Agreement dated 17.7.2015.

2. Counsels for the parties state that the terms and conditions of the

settlement have been detailed in paras 1 to 8 of the Settlement

Agreement. They request that in view of the settlement arrived at

between the parties, the suit may be decreed.

3. The Court has perused the Settlement Agreement dated

17.7.2015. The same has been signed by the Director of the plaintiffs

No. 1 & 2 and the defendant No. 1 as the Managing Director of the

defendant No.2/company. The Settlement Report dated 8.9.2015 has

been signed by the counsels for the parties as also by the learned

Mediator.

4. As the counsels for the plaintiffs 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 Report dated 8.9.2015 as also the

Settlement Agreement dated 17.7.2015 are taken on record. The

parties shall remain bound by the terms and conditions of the said

settlement.

5. The suit is decreed in terms of the Settlement and Agreement

dated 17.7.2013. Decree sheet be drawn up accordingly.

6. The suit is disposed of, while leaving the parties to bear their own

expenses.

7. At this stage, learned counsel for the plaintiffs states that in view

of the fact that the parties have arrived at a settlement through the

court annexed mediation, the plaintiffs are 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

plaintiffs, the Registry is directed to issue a certificate in favour of the

plaintiffs for refund of the court fees under Section 16 of the Court Fees

Act.

9. File be consigned to the record room.

HIMA KOHLI, J DECEMBER 17, 2015 sk/ap