Sh. Saneh Kumar Mittal vs Ms. Sadhana Gupta
2015 Latest Caselaw 5411 Del

$~3.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1285/2009 and I.A. 1009/2011
       SH. SANEH KUMAR MITTAL                   ..... Plaintiff
                     Through: Mr. Mukesh Kumar, Advocate

                         versus

       MS. SADHANA GUPTA                          ..... Defendant
                     Through: Mr. S.C. Singhal, Advocate with
                     Mr. Pradeep Verma, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 29.07.2015

1. The plaintiff has instituted the present suit against his sister for

recovery of a sum of `2,04,00,000/- allegedly paid to her as a loan. It

is stated that in the course of recording the plaintiff's evidence, the

parties had appeared before the Delhi High Court Mediation and

Conciliation Centre, where a settlement was arrived at and recorded in

the Settlement Agreement dated 28.04.2015.

2. Under the settlement, the parties had agreed that a plot

measuring 4 bighas 3 biswas comprised in Khasra No.255 Min.

situated in village Ladha Sarai, Tehsil Hauz Khas, New Delhi, owned by

late Shri Madan Lal Mittal, father of the parties and presently

registered in the revenue records in the name of the defendant, shall

be equally shared between the plaintiff, the defendant and Shri Dinesh

Kumar Mittal (the third sibling) at the time of a final partition that

takes place with respect to the estate of the deceased father. It is

stated by learned counsels for the parties that Shri Dinesh Kumar

Mittal had filed a suit, registered as CS(OS) 235/2009 against the

defendant for recovery of a sum of `2,04,00,000/-, which has also

been settled on the same lines and disposed of vide order dated

10.02.2015. They request that the present suit may be decreed in

terms of the Settlement Agreement dated 28.04.2015.

3. The Court has perused the Settlement Agreement dated

28.04.2015. The terms and conditions of the settlement are set out in

paras 1 to 3 therein. The same has been signed by the parties and

their respective counsels as also the learned Mediator.

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 decreed in terms of the settlement arrived at and

recorded in the Settlement Agreement dated 28.04.2015, while

leaving the parties to bear their own expenses.

6. 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.

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 29, 2015 rkb