Raj Kumar Malhotra vs Om Prakash Malhotra & Ors
2015 Latest Caselaw 5186 Del

$~26
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2064/2008 & IA No.24264/2014
       RAJ KUMAR MALHOTRA                          ..... Plaintiff
                     Through : Mr. Nalin Tripathi, Advocate
                     versus
       OM PRAKASH MALHOTRA & ORS. ..... Defendants
                     Through : Mr. Rajat Aneja, Advocate for D-1
                     Ms.Saahila Lamba, Advocate for D-2 & D-3
                     Mr.Gulshan Chawla, Advocate for D-4
       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

       %             20.07.2015

1.     Vide   order    dated   4.12.2014,     a   joint   application(IA

No.24264/2014) filed by the parties placing on record a copy of the

Settlement Agreement dated 25.11.2014 arrived at before the Delhi

High Court Mediation & Conciliation Centre was allowed. Further, the

parties were permitted to take steps to implement the terms and

conditions of the settlement that included sale of the suit premises.

2. Counsels for the parties state that in token of acceptance of the

order dated 4.12.2014, all the parties had affixed their signatures on

the order sheet. Thereafter, they have been making efforts to identify

a suitable buyer for the suit premises. It is submitted that as all the

parties had agreed that they shall continue making such efforts over a

period of one year that shall expire in the month of December 2015,

the present suit may be finally decreed in terms of the Settlement

Agreement dated 25.11.2014, while granting liberty to the parties to

sell the suit premises to a prospective buyer who shall offer the best

price for the same and in alternative, if they are unable to give effect

to the terms and conditions of the settlement as recorded in the

aforecited Settlement Agreement, then they may be given liberty to

file execution proceedings as per law.

3. Leave, as prayed for, is granted. The suit is decreed in terms of

the Settlement Agreement dated 25.11.2014 enclosed as Annexure

PX-1 to IA No.24264/2014, while leaving the parties to bear their own

expenses,

4. 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, prior to the stage of evidence, the plaintiff is

entitled to claim refund of the court fees in terms of Section 16 of the

Court Fees Act.

5. 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.

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

File be consigned to the record room.

HIMA KOHLI, J JULY 20, 2015/mk