M/S Auster Consulting(P) Ltd vs M/S Itc Limited & Others
2015 Latest Caselaw 5033 Del

$~34.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 693/2011
      M/S AUSTER CONSULTING(P) LTD               ..... Plaintiff
                    Through: Mr. Kamal Bansal, Advocate
                    with Mr.Ankur Garg, Advocate alongwith
                    Mr. Hardeep Kakkar, Director of the
                    plaintiff/company in person.

                         versus


      M/S ITC LIMITED & OTHERS                   ..... Defendants
                      Through: Mr. Anirudh Arunkumar, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 15.07.2015

I.A. 13934/2015 (by the plaintiff u/O XXIII R 3 CPC)

1. The present application has been filed by the plaintiff stating

inter alia that pursuant to the parties being referred to Delhi High

Court Mediation and Conciliation Centre, they have arrived at a

settlement as recorded in the Settlement Agreement dated

12.05.2015 (Annexure A), whereunder against a decree for a sum of

Rs.20,13,560/- prayed for by the plaintiff against the defendants, the

plaintiff has agreed to receive a sum of Rs.7 lacs from the defendants

in full and final settlement.

2. Learned counsel for the defendants confirms the fact that his

clients are willing to suffer a decree to the tune of Rs.7 lacs in terms of

the settlement arrived at with the plaintiff. He states that he has

brought a cheque bearing No.037051 for Rs.6,37,700/- dated

26.05.2015 drawn on HDFC Bank, Sarat Bose Road, Central Plaza,

Kolkata, in favour of the plaintiff, after deducting the TDS. He states

that the TDS certificate shall be furnished to the plaintiff within one

month from today. He assures the Court that when presented, the

cheque shall be duly honoured. Counsels for the parties state that in

view of the settlement arrived at between them, the suit may be

disposed of.

3. The Court has pursued the Settlement Agreement dated

12.05.2015 enclosed with the present application and marked as

Annexure A. The same has been signed by the Managing Director of

the plaintiff/company, authorized representatives of the defendants

and their respective counsels as also by the learned Mediator.

Enclosed with the Settlement Agreement, is a Power of Attorney

executed on behalf of the defendants in favour of the signatory to the

Settlement Agreement.

4. 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.

5. The suit is disposed of in terms of the settlement arrived at and

recorded in the Settlement Agreement dated 12.05.2015, while

leaving the parties to bear their own expenses.

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

settlement through mediation has been negotiated by the parties prior

to the issues being framed in the suit, the plaintiff is entitled to claim

refund of the 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, as per law.

8. The suit is disposed of, along with the pending application.

File be consigned to the record room.

HIMA KOHLI, J JULY 15, 2015 rkb