Delhi High Court
Samir Chawla vs Sandeep Kapur on 6 July, 2015
$~39.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2729/2014 and I.A. 13180/2015 (by the plaintiff u/S
151 CPC for refund of court fee)
SAMIR CHAWLA ..... Plaintiff
Through: Mr. Harish Katyal, Advocate with
Ms. Renu Katyal, Advocate
versus
SANDEEP KAPUR ..... Defendant
Through: Ms. Maneesha Dhir, Advocate with
Mr. Karan Batura, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 06.07.2015
1. Pursuant to the parties appearing before the learned Mediator,
they have arrived at a settlement as recorded in the Settlement
Agreement dated 25.05.2015.
2. The plaintiff has instituted the present summary suit against the
defendant for recovery of `2,06,33,501/- + `42,000/- alongwith
interest. During the pendency of the present proceedings, the parties
have arrived at a settlement before the Delhi High Court Mediation and
Conciliation Centre, whereunder the defendant has paid a sum of
`1,50,00,000/- to the plaintiff in full and final settlement of all his
claims, subject matter of the present suit. Counsel for the plaintiff
confirms that the draft of `1,50,00,000/- handed over by the
defendant to the plaintiff in the course of mediation has been duly
encashed and now, nothing further survives for adjudication in the
present suit. He states that the suit may be disposed of and his client
may be permitted refund of the court fee under Section 16 of the
Court Fee Act.
3. Issue notice.
4. Counsel for the defendant accepts notice and confirms the fact
that the parties have arrived at a settlement as recorded in the
Settlement Agreement dated 25.05.2015, whereunder her client has
paid a sum of `1,50,00,000/- to the plaintiff in full and final
settlement. She states that she has no objection to the present
application being allowed.
5. Both the parties state that in view of the settlement arrived at
between the parties, the plaintiff has agreed not to pursue the criminal
complaint filed against the defendant under Section 138 of the
Negotiable Instruments Act, as per the details mentioned in the
Settlement Agreement.
6. The Court has perused the Settlement Agreement. The same
has been signed by the plaintiff and the defendant and their respective
counsels as also the learned Mediator.
7. As counsels for the parties jointly state that their clients 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 said settlement. The
parties shall remain bound by the terms and conditions of the
settlement recorded in the Settlement Agreement.
8. In view of the fact that the parties have arrived at a settlement
through court annexed mediation at the stage of notice in the suit, I.A.
13180/2014 is allowed. The Registry is directed to issue a certificate
in favour of the plaintiff for refund of the court fees in terms of Section
16 of the Court Fees Act.
9. The suit is disposed of, along with the pending application.
10. File be consigned to the record room.
HIMA KOHLI, J
JULY 06, 2015
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