M/S A.P. Processors vs M/S Diamond Export & Others
2015 Latest Caselaw 1178 Del

$~4.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 166/2011 and CC 40/2011
       M/S A.P. PROCESSORS                        ..... Plaintiff
                      Through: Mr. Praveen Pahuja, Advocate

                        versus

       M/S DIAMOND EXPORT & OTHERS              ..... Defendants
                     Through: Mr. Rajesh Sachdeva, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 09.02.2015

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

Mediation and Conciliation Centre, a Settlement Agreement dated

20.01.2015 has been placed on record.

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

and conditions of the settlement, the defendants had agreed to pay a

sum of `10 lacs to the plaintiff in full and final settlement of all its

claims against the defendants and the said amount has already been

tendered to the plaintiff through cheque, which has been duly

encashed. Learned counsels jointly state that it was agreed that upon

encashment of the aforesaid cheque, both, the suit and the counter

claim filed by the defendants would stand satisfied.

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

and conditions of the settlement are set out in paras (a) to (d).

Counsel for the plaintiff confirms having received the agreed amount

of `10 lacs from the defendants in full and final settlement of all its

claims against the defendants. The Agreement has been signed by the

partner of the plaintiff/firm and the authorised representative of the

defendant/company. Enclosed with the Settlement Agreement is a

copy of the Partnership Deed dated 05.12.2004 of the plaintiff/firm

and the Special Power of Attorney dated 19.01.2015, executed by the

sole proprietor of the defendants/firm in favour of Mr. Mahavir Prasad

Jain, the signatory of the Settlement Agreement. The Settlement

Agreement has also been signed by the counsels for the parties and

the learned Mediator.

4. 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.

5. The suit and the counter claim are disposed of while leaving the

parties to bear their own expenses.

6. 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.

7. 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.

8. File be consigned to the record room.

HIMA KOHLI, J FEBRUARY 09, 2015 rkb