Gurpreet Singh vs Gurmeet Singh Chopra
2015 Latest Caselaw 9393 Del

$~5
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 467/2015
      GURPREET SINGH                             ..... Plaintiff
                    Through : Mr. S.K. Vasisht, Advocate with
                    plaintiff in person.

                        versus

      GURMEET SINGH CHOPRA                      ..... Defendant
                    Through : Mr. Hemant Singh, Advocate with
                    defendant in person.

      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 Agreement dated

2.12.2015 has been placed on record.

2. Counsels for the parties state that in accordance with the terms

and conditions of the settlement, the defendant has agreed to pay a

sum of Rs.75.00 lacs to the plaintiff in full and final settlement of all

his claims against the defendant.

3. Counsel for the plaintiff confirms the fact that the entire amount

of Rs.75.00 lacs has been received by his client and now nothing

further is due or payable by the defendant. He states that having

received the entire amount, his client shall render all necessary

assistance to the defendant for quashing FIR No.1047/2014 registered

with PS Punjabi Bagh, New Delhi.

4. The Court has perused the Settlement Agreement. The terms

and conditions of the settlement are set out in para 10 of the

Settlement Agreement. The Agreement has been signed by the

plaintiff and the defendant as also by the counsels for the parties and

the learned Mediator.

5. As the counsels for the plaintiff and the defendant 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 and the

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

settlement.

6. The suit is disposed of, 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 the

court annexed mediation, prior to the pleadings being completed in

the suit, 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 under Section 16 of the Court Fees

Act.

9. File be consigned to the record room.

HIMA KOHLI, J DECEMBER 17, 2015 sk/ap