Bale Ram @ Balkishan vs Karamveer & Ors
2015 Latest Caselaw 9457 Del

$~19
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 2518/2013 & IA No.20364/2013
     BALE RAM @ BALKISHAN                         ..... Plaintiff
                    Through : Ms. Suman Chaudhary, Advocate
                    versus
     KARAMVEER & ORS                       ..... Defendants
                    Through : Mr. N.S. Dalal, Advocate
     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 18.12.2015

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

Agreement dated 17.11.2015 has been forwarded by the Delhi High

Court Mediation & Conciliation Centre.

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

the settlement have been set out in para 7 of the Settlement

Agreement, whereunder the defendants have agreed to pay a sum of

Rs.66.00 lacs to the plaintiff in full and final settlement of all his

claims, subject matter of the present suit.

3. Mr. Dalal, learned counsel for the defendants states that it was

agreed by the defendants that they would pay the aforesaid amount to

the plaintiff on or before 17.12.2015. However, a grace period of 30

days was granted to the defendants, which they propose to avail of as

they have not paid the said amount by 17.12.2015, the first cut off

date.

4. The parties state that in case of default on the part of the

defendants in making the payment, as agreed upon, further conditions

have been stipulated in para 8 of the Settlement Agreement, which

shall come into play. They request that the suit may be disposed of in

view of the settlement arrived at between the parties.

5. The Court has perused the Settlement Agreement dated

17.11.2015. The same has been signed by the plaintiff, the

defendants and their respective counsels as also the learned Mediator.

6. As the counsels for the plaintiff 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 Agreement is taken on record and the

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

settlement.

7. The suit is disposed of, along with the pending application, while

leaving the parties to bear their own expenses.

8. File be consigned to the record room.

HIMA KOHLI, J DECEMBER 18, 2015 sk/rkb