Arun Kumar vs Saleem Ansari
2015 Latest Caselaw 2150 Del

$~19.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 2027/2013
     ARUN KUMAR                                     ..... Plaintiff
                       Through: Mr. Puneet Singh and Mr. Yogesh
                       Kumar, Advocates with plaintiff in person.

                       versus

     SALEEM ANSARI                                 ..... Defendant
                       Through: Mr. Neeraj Dhingra, Advocate with
                       defendant in person.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 12.03.2015

I.A. 4965/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that they had arrived at an amicable settlement as recorded

in the Settlement Agreement dated 05.02.2015 drawn up before the

Delhi Mediation Centre, Tis Hazari Courts in CC No.1140/01 and

1141/01.

2. As per the terms and conditions of the Settlement Agreement

dated 05.02.2015, it was agreed between the parties that the

defendant shall pay a sum of `52 lacs collectively to the plaintiff and

four other persons, namely, the plaintiffs in CC 1140/01 and 1141/01,

Mr. Deepak Goyal and Mr. Maninder Singh Anand, on or before

30.09.2015. In lieu of receiving the aforesaid amount, the plaintiff

herein, the plaintiffs in CC 1140/01 and 1141/01, Mr. Deepak Goyal

and Mr.Maninder Singh Anand had agreed that they will not pursue

any of the litigations filed by them against the defendant.

3. Based on the aforesaid settlement, on the last date of hearing,

i.e., on 27.02.2015, counsels for the parties had jointly stated that

they may be permitted to file a MOU to clarify the manner in which the

sum of `52 lacs was to be apportioned between the five parties, with

whom the defendant has arrived at a collective settlement.

4. Now, counsels for the parties draw the attention of the Court to

the MOU dated 03.03.2015, executed between the plaintiff herein, Shri

Rajesh Goyal, Shri Deepak Goyal, Shri Maninder Singh Anand and

Shri Rakesh Kaushik, whereunder they have agreed that a sum of `52

lacs shall be apportioned in the following manner:-

      (i)    Shri   Arun Kumar            `40,00,000/-
      (ii)   Shri   Rajesh Goyal          `5,00,000/-
      (ii)   Shri   Maninder Singh        `2,00,000/-
      (iv)   Shri   Rakesh Kaushik        `2,00,000/-
      (v)    Shri   Deepak Goyal          `3,00,000/-

5. Counsels for the parties state that insofar as the plaintiff herein

is concerned, he is entitled to receive a sum of `40 lacs and the

defendant has no objection to apportionment of the agreed amount of

`52 lacs has been recorded in the Settlement Agreement dated

05.02.2015, executed in the Delhi Mediation Centre, Tis Hazari Courts.

Counsel for the plaintiff states that the suit may be decreed in terms

of the settlement, whereunder the defendant has agreed to pay up the

balance amount of `51,50,000/-, on or before 30.09.2015. While

confining the settlement in the present suit to the plaintiff and the

defendant herein, the compromise application is taken on record. It is

stated that a sum of `50,000/- from out of the agreed amount of

`52 lacs has already been paid by the defendant in the two complaint

cases mentioned hereinabove.

6. The present application has been signed by the plaintiff and the

defendant as also their respective counsels. The same is supported by

the affidavits of the signatories to the application. Enclosed with the

application is a certified copy of the Settlement Agreement dated

05.02.2015 arrived at in respect of CC No.6465/1/13, 6466/1/13 and

CS(OS) 2027/2013, i.e., the present suit. Further, the MOU dated

03.03.2015 arrived at between the plaintiff, Shri Rajesh Goyal, Shri

Deepak Goyal, Shri Maninder Singh Anand and Shri Rakesh Kaushik

has been enclosed as Annexure D to the present application. The said

documents are taken on record.

7. As the counsels for the parties 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 plaintiff

and the defendant shall remain bound by the terms and conditions as

recorded in the Settlement Agreement dated 05.02.2015 read in

conjunction with the MOU dated 03.03.2015.

8. The suit is decreed in terms of the Settlement Agreement dated

05.02.2015 and in terms of the MOU dated 03.03.2015, while leaving

the parties to bear their own expenses.

9. File be consigned to the record room.

HIMA KOHLI, J MARCH 12, 2015 rkb