Beena vs Kusum & Others
2015 Latest Caselaw 9493 Del

$~25
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2300/2015 & IA No.15725/2015
       BEENA                                                   ..... Plaintiff
                         Through: Mr. Rajesh Kumar, Advocate with
                         Plaintiff in person.

                         versus

       KUSUM & OTHERS                              ..... Defendants
                     Through: None for D-1
                     Mr. Gaurav Malhotra, Advocate for D-2 to D-5.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 21.12.2015

1. Pursuant to the order dated 07.12.2015, learned counsel for the

plaintiff enters appearance and states that his non appearance on the

last date was erroneous.

2. Learned counsels for the parties jointly states that the parties

were referred to the Delhi High Court Mediation and Conciliation

Centre and they have been able to arrive at an amicable settlement.

The terms and conditions have been recorded in the Settlement

Agreement dated 1.10.2015 whereunder, defendants No. 3,4 and 5

have agreed to pay a sum of Rs.10 lacs to the plaintiff in five

instalments.

3. It is stated by learned counsel for the plaintiff that the first two

instalments of Rs.1,50,000/- each have received from the defendants.

The balance instalments shall be paid by the defendants no. 3 to 5 as

per the schedule laid down in the Settlement Agreement. It has been

further agreed that the defendants No.2 to 5 shall pay a sum of Rs.4

lacs to the defendant No.1 in full and final settlement of all her claims

in respect of the suit premises.

4. Counsel for the defendants no. 2 to 5 states that the defendant

no. 1 is the sister of his clients and they have already paid a sum of

Rs.4 lacs to her. The remaining terms and conditions of the settlement

have been set out in paras (vi) to (x) of the Settlement Agreement.

5. Learned counsels for the parties state that the suit may be

disposed of in terms of the settlement with liberty granted to the

plaintiff to approach the court in the event the defendants No.2 to 5

make a default in making payments of the balance instalments.

6. The court has perused the Settlement Agreement. The same has

been signed by the plaintiff and defendants No.2 to 5 as also their

respective counsels and mediator. As learned counsels for the plaintiff

and the defendants No.2 to 5 jointly state that the parties 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 dated 1.10.2015 is taken on record. The

parties shall remain bound by the terms and conditions of the

settlement recorded therein.

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

leaving the parties to bear their own expenses. However, liberty is

granted to the plaintiff to approach the court for relief in case the

defendants no. 3 to 5 fail to abide by the terms and conditions of the

Settlement Agreement.

File be consigned to the record room.

HIMA KOHLI, J

DECEMBER 21, 2015 mk/ap