Shobha Tolia And Anr vs Prabhu N.S. Tolia And Ors
2015 Latest Caselaw 51 Del

21
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 303/2014 & IAs No.2049/2014, 8077/2014, 8922/2014,
      9179/2014 and 11728/2014
      SHOBHA TOLIA AND ANR                    ..... Plaintiffs
                    Through : Mr. Dhanmohan, Advocate with
                    plaintiff in person.

                        versus

      PRABHU N.S. TOLIA AND ORS                  ..... Defendants
                     Through : Mr. S.P. Rana, Adv. for D-1.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 06.01.2015

1. Pursuant to the parties appearing before the Delhi High Court

Mediation & Conciliation Centre, they have arrived at a settlement as

recorded in the Settlement Agreement dated 1.12.2014. The terms

and conditions of the settlement are set out in para 8 of the

Settlement Agreement.

2. Counsels for the parties state that the parties have discharged

their respective obligations insofar as the immovable properties

mentioned in sub-para (i), (ii) and (iv) of para 8 of the Settlement

Agreement are concerned and as for the remaining terms and

conditions of the settlement, the parties are in the process of filing the

first motion for divorce by mutual consent before the competent court.

They state that nothing further is due or payable by one party to the

other, except in accordance with the terms and conditions of the

settlement and therefore the present suit may be decreed in terms of

the Settlement Agreement dated 1.12.2014.

3. The Court has perused the Settlement Agreement dated

1.12.2014. The same has been signed by the plaintiff and the

defendants and their respective counsels as also by the learned

Mediator. The power of attorney of the defendant No.5 has signed

the Settlement Agreement and a letter of authority issued by the

defendant No.5 in favour of the signatory has been enclosed with the

Settlement Agreement and annexed as Annexure-A.

4. 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

parties shall remain bound by the terms and conditions of the

settlement.

5. The Settlement Agreement dated 1.12.2014 is taken on record

and the suit is decreed in terms of the said settlement. The suit is

disposed of, along with the pending applications, while leaving the

parties to bear their own costs.

6. The Court places on record its appreciation for the sincere efforts

made by the learned Mediator to facilitate the settlement between the

parties.

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

have arrived at a settlement through the court annexed mediation and

the suit is still at the stage of completion of pleadings, the plaintiff is

entitled to claim refund of the 50% of the court fee in terms of Section

16-A of the Court Fees Act. Ordered accordingly.

8. 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 fee as per law.

9. File be consigned to the record room.

HIMA KOHLI, J JANUARY 06, 2015 sk/rkb