Delhi High Court
S. Randhir Singh Chandhok vs Shri Atma Ram Bansal And Ors on 29 July, 2015
Author: Hima Kohli
$~32.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 927/2007
S. RANDHIR SINGH CHANDHOK ..... Plaintiff
Through: Ms.Sanjugeeta Moktan, Advocate
with Ms. Mahima Bahl, Advocate
versus
SHRI ATMA RAM BANSAL & ORS. B+ ..... Defendants
Through: Mr. Asutosh Lohia, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 29.07.2015
I.A. 15034/2015 (by the plaintiff u/S 151 CPC for disposal of
the suit) and I.A. 15035/2015 (by the defendants u/S 151 CPC
for vacation of stay)
1. I.A. 15034/2015 has been filed by the plaintiff stating inter alia
that during the pendency of the present suit, the parties have arrived
at a negotiated settlement through the Delhi High Court Mediation and
Conciliation Centre. A copy of the Settlement Agreement dated
29.05.2015 is enclosed with the present application and is marked as
Annexure A-1.
2. Counsel for the defendants confirms the fact that the parties
have arrived at a negotiated settlement and submits that he has filed
I.A. 15035/2015, for seeking vacation of the interim order dated
21.05.2007, so that the parties can give effect to the settlement
arrived at between them.
3. The terms and conditions of the settlement have been set out in
paras (a) to (c), of the Settlement Agreement whereunder the
defendants have agreed to pay a sum of `4,30,00,000/- to the plaintiff
within a period of nine months from the date of vacation of the stay
order, as full and final settlement of all his claims in respect of the
present suit, with a further condition that if they are unable to sell the
property within a period of nine months to generate the funds to pay
the agreed amount to the plaintiff, the parties shall file an application
for seeking extension of time for the said purpose. It has been agreed
by the parties that in the event, the defendants find a prospective
buyer in respect of the suit property, then the plaintiff shall have the
first charge to the extent of `4,30,00,000/-, from out of the sale
consideration.
4. The plaintiff has agreed that in view of the settlement arrived at
with the defendant, he has no objection to the interim order dated
21.05.2007 being vacated.
5. The Court has perused the Settlement Agreement dated
29.05.2015. The same has been signed by the plaintiff, the defendants
and their respective counsels and the learned Mediator.
6. 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
Settlement Agreement is taken on record. The parties shall remain
bound by the terms and conditions of the settlement recorded in the
Settlement Agreement dated 29.5.2015.
7. The suit is decreed in terms of the settlement arrived at and
recorded in the Settlement Agreement dated 29.05.2015, while
leaving the parties to bear their own expenses. The interim order
dated 21.05.2007 stands vacated.
8. 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.
9. 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.
10. The suit is disposed of alongwith the pending applications.
File be consigned to the record room.
HIMA KOHLI, J
JULY 29, 2015/rkb/ap
