Pss Leasingand Finance Pvt Ltd vs Apco Construction Pvt Ltd And Anr
2015 Latest Caselaw 5445 Del

$~24
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 193/2014 & IAs No.10617/2014 and 16652/2014
       M/S PSS LEASING & FINANCE PVT LTD               ..... Plaintiff
                      Through : Mr. Manoj Singh, Advocate

                         versus

       M/S APCO CONSTRUCTION PVT LTD & ANR        ..... Defendants
                     Through : Mr. A.K. Srivastava, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                        ORDER

% 30.07.2015

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

Mediation and Conciliation Centre, a Settlement Agreement dated

24.7.2015 has been placed on record.

2. Counsels for the parties state that in accordance with the terms

and conditions of the settlement, the defendants have agreed to pay a

sum of `33.00 lacs to the plaintiff in full and final settlement of all its

claims against the defendants in the present summary suit. Out of the

aforesaid agreed amount of `33.00 lacs, the plaintiff has already

received a sum of `24.00 lacs and the balance sum of `9.00 lacs has

been agreed to be paid by the defendants in two equal instalments of

`4.50 lacs each, on or before 10.8.2015 and 15.9.2015. The

remaining terms and conditions of the settlement are set out in para 7

of the Settlement Agreement.

3. Counsels for the parties state that in view of the settlement

arrived at between the parties, the Settlement Agreement dated

24.7.2015 may be taken on record and the suit may be decreed.

4. The Court has perused the Settlement Agreement. The terms

and conditions of the settlement are set out in paras 7 thereof. The

Settlement Agreement has been signed by the authorized

representatives plaintiff and the defendants and their respective

counsels. A copy of the extract of the minutes of the meeting of the

Board of Directors of the plaintiff and the defendants authorizing the

signatories to the application to enter into a settlement in the present

suit is enclosed with the Settlement Agreement which has also been

signed by the counsels for the parties and the learned Mediator.

5. As the counsels for the plaintiff and the defendants jointly state

that they 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

settlement. The Settlement Agreement is taken on record and the

parties shall remain bound by the terms and conditions thereof.

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

at between the parties, 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 the

court annexed mediation, prior to the pleadings being completed in

the suit, 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 under Section 16 of the Court Fees

Act.

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

10. File be consigned to the record room.

HIMA KOHLI, J JULY 30, 2015 sk/ap