Delhi High Court
Madhu Oberoi vs Satinder Mehta(New Deceased) ... on 19 January, 2015
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2628/2011
Decided on: 19.01.2015
IN THE MATTER OF
MADHU OBEROI ..... Plaintiff
Through: Mr. Nitin Khanna, Advocate with
plaintiff in person
versus
SATINDER MEHTA(new deceased) through LRs. .... Defendants
Through: Mr. Narender Gautam, Advocate
for LRs of the deceased defendant with
Mr.Sanjay Mehta, LR No.4 in person
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (ORAL)
1. Pursuant to the parties being referred to the Delhi High Court
Mediation & Conciliation Centre, vide order dated 16.12.2014, a
Settlement Agreement dated 22.12.2014 has been placed on
record, whereuner the plaintiff has agreed to receive a sum of
`9,50,000/- from the legal heirs of the deceased defendant in full
and final settlement of all her claims in respect of the subject
premises, namely premises No.V-292, Second Floor, Rajouri
Garden, New Delhi. On receiving the aforesaid amount, the plaintiff
has given up all her claims in respect of the suit premises.
2. Counsels for the parties jointly state that the plaintiff has
received the amount of `9,50,000/- from the defendants through
two demand drafts bearing Nos.047180 dated 9.1.2015 drawn on
Bank of India, Malai Mandir Branch, Rao Tula Marg, R.K.Puram, New
Delhi and 097760 dated 10.1.2015 drawn SBI, J-Block Rajouri
Garden respectively. Photocopies of the aforesaid drafts are handed
over by the counsel for the plaintiff and taken on record.
3. Counsels for the parties state that in view of the settlement
arrived at between the parties, the suit may be disposed of.
4. The Court has perused the Settlement Agreement dated
22.12.2014. The same has been signed by the plaintiff and the legal
heirs of the deceased defendant. Pertinently, the defendant No.5 is
stated to be a permanent resident of Spain and the defendant No.3,
his sister, has signed the Settlement Agreement as his special
power of attorney holder on the basis of a special power of attorney
executed in her favour by the said defendant on 13.5.2014. A
photocopy of the said document has been enclosed with the
Settlement Agreement as Annexure A. However, the original
thereof has not been placed on record.
5. Counsel for the plaintiff states that he does not have any
objection to the special power of attorney dated 13.5.2014 executed
by the defendant No.5 in favour of the defendant No.3, being taken
on record and the plaintiff does not wish to insist on the original
being filed.
6. In view of the fact that the parties have arrived at a
settlement through mediation, there appears no legal impediment in
accepting the same. The Settlement Agreement dated 22.12.2014
is taken on record. The parties shall remain bound by the terms
and conditions of the settlement. The suit is disposed of in
accordance with the terms and the conditions laid down therein,
while leaving the parties to bear their own costs.
7. At this stage, counsel for the plaintiff states that issues were
framed in the suit on 15.4.2014, but evidence has yet to be
recorded and as the parties have arrived at a negotiated settlement
through mediation, the plaintiff may be refunded 50% of the court
fees.
8. In view of the provisions of Section 16-A of the Court Fees
Act, 1870, the Registry is directed to issue a certificate in favour of
the plaintiff for refund of the Court fees to the extent of 50%.
9. The suit is disposed of, while leaving the parties to bear their
own costs.
10. This Court places on record its appreciation for the efforts
made by the learned Mediator to facilitate the parties to arrive at a
negotiated settlement.
A copy of this order shall be forwarded to Delhi High Court
Mediation & Conciliation Centre.
(HIMA KOHLI)
JUDGE
JANUARY 19, 2015
mk
