Sanjeev Joon vs Anju Bansal
2015 Latest Caselaw 5125 Del

$~13
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1915/2014 & IA No.11835/2014
       SANJEEV JOON                                ..... Plaintiff
                        Through : Mr. Naresh K.Daksh, Advocate


                        versus

       ANJU BANSAL                               ..... Defendant
                        Through : Mr. Puneet Garg, Advocate
       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 17.07.2015

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

Mediation & Conciliation Centre, a Settlement Report dated 7.7.2015

has been placed on record, wherein it has been recorded that the

parties have arrived at a settlement as recorded in the Settlement

Deed dated 12.6.2015, enclosed with the Settlement Report and

marked as Annexure-A.

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

the settlement are recorded in paras 1 to 10 of the Settlement Deed

and both the parties shall abide by the conditions recorded in the said

settlement. They submit that apart from the plaintiff and the

defendant, Sh.Mohish Bansal, son of the defendant is also a signatory

to the Settlement Deed. Counsel for the defendant assures the court

that the defendant and her son shall remain bound by the settlement

recorded in the Settlement Deed.

3. It is jointly stated that the suit may be decreed in terms of the

settlement, as recorded in the Settlement Deed dated 12.6.2015.

4. The Court has pursued the Settlement Report dated 7.7.2015.

The same has been signed by the plaintiff and the defendant, and their

respective counsels as also by the learned Mediator. The Settlement

Deed dated 12.6.2015, enclosed with the Settlement Report and

marked as Annexure-A, has been signed by the plaintiff, the defendant

and her son, Mr.Mohish Bansal and bound themselves to the terms

and conditions recorded therein in respect of the suit property.

5. 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 Deed.

6. The suit is decreed in terms of the settlement arrived at and

recorded in the Settlement Deed dated 12.6.2015(Annexure-A), while

leaving the parties to bear their own expenses.

7. At this stage, learned counsel for the plaintiff states that in view

of the fact that the parties have arrived at a settlement through court

annexed mediation, the plaintiff is entitled to claim refund of the court

fees in terms of Section 16 of the Court Fees Act.

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 fees, as per law.

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

File be consigned to the record room.

HIMA KOHLI, J JULY 17, 2015 mk