Proel S.P.A. vs M/S Delhi Ligh And Music Centre
2015 Latest Caselaw 1748 Del

$~13
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+                        CS(OS) 621/2012
       PROEL S.P.A.                                   ..... Plaintiff
                         Through: Mr. Preet Pal Singh and
                         Ms.Priyam Mehta, Advocates

                         versus


       M/S DELHI LIGH AND MUSIC CENTRE              ..... Defendant
                      Through: Mr.Mahesh Singh and Ms.Megha
                      Singh, Advocates with Mr.Pooran Singh Rawat
                      Proprietor of defendant in person

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 27.02.2015

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

Mediation and Conciliation Centre, they have arrived at a settlement

as recorded in the Settlement Agreement dated 12.02.2015.

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

the settlement have been set out in para 6 of the Settlement

Agreement, whereunder the defendant has agreed to pay US$ 4200 to

the plaintiff in full and final settlement of its claims in the present suit.

The manner of making the payments to the plaintiff have been set out

in para 6(b)(i) & (ii). Counsel for the plaintiff states as per para 6(c),

his client was required to furnish the account details of the beneficiary

bank to the defendant today. He states that the said details shall be

furnished to the defendant during the course of the day. It is jointly

stated that view of the settlement arrived at between the parties, the

present suit may be decreed.

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

been signed by the authorized representative of the plaintiff and

Mr.Pooran Singh Rawat, the proprietor of the defendant firm as also

their respective counsels and the learned Mediator. Enclosed with the

Settlement Agreement is a copy of the authority letter executed by the

power of attorney holder of the plaintiff in favour of the authorized

representative who has signed the Settlement Agreement.

4. As the counsels for the plaintiff and the defendant 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 is taken on record. The parties

shall remain bound by the terms and conditions of the settlement.

5. The suit is decreed in terms of the Settlement Agreement, while

leaving the parties to bear their own expenses.

6. At this stage, counsel for the plaintiff states that as the parties

have arrived at the settlement through the court annexed mediation

and a settlement has been arrived at prior to the evidence being

recorded in the suit, the plaintiff is entitled to claim refund of the

entire court fees in terms of Section 16 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 the court fees, under Section 16 of the Court

Fees Act, as per law.

HIMA KOHLI, J FEBRUARY 27, 2015 mk