Delhi High Court
Rajeev Grover vs Sushma Chauhan on 9 February, 2015
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1261/2014 & IA No.8181/2014
Decided on 09.02.2015
IN THE MATTER OF :
RAJEEV GROVER ..... Plaintiff
Through: Mr. Murari Tewari, Advocate with
plaintiff in person.
versus
SUSHMA CHAUHAN ..... Defendants Through: Mr. Amit Mahaliyan, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
1. Pursuant to the parties appearing before the learned Mediator appointed by the Delhi High Court Mediation & Conciliation Centre, a Settlement Agreement dated 5.2.2015 has been placed on record and the terms and conditions of the settlement are set out in para 6 thereof.
2. Counsels for the parties jointly state that all their interse disputes have been settled and the defendant has already handed over vacant physical possession of the suit property to the plaintiff. Further, the defendant has deposited the TDS amount and issued Form 16A to the plaintiff. The defendant has also paid to the plaintiff, the outstanding amounts towards electricity and water dues and has undertaken that in case of any further liability/claim arising in respect of the suit property, for the period during which she was in occupation, the said liability would be borne by her.
3. Counsel for the plaintiff confirms the fact that his client has received the vacant physical possession of the suit premises and the TDS certificate as also the amounts due and payable by the defendant towards electricity/water bills.
4. Counsel for the defendant states that his client shall remain bound by the terms and conditions of the settlement as recorded in the Settlement Agreement dated 5.2.2015.
5. Counsels for the parties jointly state that in view of the aforesaid settlement, nothing further survives for adjudication in the present suit and the Settlement Agreement dated 5.2.2015 be taken on record.
6. The Court has perused the Settlement Agreement dated 5.2.2015 and the terms and conditions of settlement are set out in para 6 thereof. The same has been signed by the plaintiff and the defendant as also by their respective counsels and the learned Mediator.
7. As the counsels for the parties 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 same. The Settlement Agreement is taken on record. The parties shall remain bound by the terms and conditions of the settlement arrived at between them.
8. The suit is disposed of in view of the aforesaid settlement arrived at between the parties.
9. 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 50% of the court fees in terms of Section 16-A of the Court Fees Act.
10. 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 50% of the court fees, as per law.
11. The suit is disposed of, along with the pending application, while leaving the parties to bear their own costs.
12. File be consigned to the record room.
(HIMA KOHLI)
FEBRUARY 09, 2015 JUDGE
sk/rkb
