Delhi High Court
M/S Sconce Global Pvt. Ltd. vs M/S Eta Engineering Pvt. Ltd. on 11 March, 2015
23.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2230/2014 & IA No.19509/2014
M/S SCONCE GLOBAL PVT. LTD. ..... Plaintiff
Through: Mr. Pulkit Narang, Advocate
versus
M/S ETA ENGINEERING PVT. LTD. ..... Defendant
Through: Mr. Deepak Vashisht, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 11.03.2015
I.A. 5038/2015 (joint application u/O XXIII R 3 CPC)
1. The present joint application has been filed by the parties stating
inter alia that pursuant to their being referred to mediation, they have
arrived at a negotiated settlement.
2. The terms and conditions of the settlement are recorded in the
Settlement Agreement dated 12.2.2015, wherein it was agreed
between the parties that the defendant shall pay a sum of
`31,23,000/- to the plaintiff in full and final settlement of all its claims
in the suit.
3. Counsel for the plaintiff states that the aforesaid amount has
been paid by the defendant to the plaintiff through three cheques for
the sum of `10,41,000/-, each and all the said cheques have been
duly encashed on presentation and thereafter, nothing further is due
or payable by the defendant to his client. They request that the
present suit may be disposed of in terms of the settlement arrived at
between the parties.
4. The present application has been signed by the authorized
representative of the plaintiff and enclosed therewith is a copy of the
Settlement Agreement dated 12.2.2015. The application is supported
by the affidavit of the authorized signatory of the plaintiff.
5. The Court has perused the Settlement Agreement dated
12.2.2015. The terms and conditions of the settlement are set out in
para 6 thereof. The same has been signed by the authorized
representatives of the plaintiff and the defendant and by their
respective counsels as also by the learned Mediator. Enclosed
therewith are the letters of authority issued in favour of the signatories
to the Settlement Agreement.
6. As the counsels for the plaintiff and the defendant 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 parties shall remain bound by the terms and
conditions of the settlement.
7. The suit is accordingly disposed of in terms of the settlement
arrived at and recorded in the Settlement Agreement dated 12.2.2015,
while leaving the parties to bear their own expenses.
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, prior to the pleadings being completed in the suit,
the plaintiff is entitled to 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, along with the pending application.
File be consigned to the record room.
HIMA KOHLI, J
MARCH 11, 2015
sk
