Delhi High Court
M/S Vijai Infrastructure Limited vs M/S Progressive Constructions ... on 19 March, 2015
Author: Hima Kohli
$~41.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 70/2010 and I.A. 21236-21240/2013
M/S VIJAI INFRASTRUCTURE LIMITED ..... Plaintiff
Through: Mr. Nishant Menon, Advocate
versus
M/S PROGRESSIVE CONSTRUCTIONS LIMITED..... Defendant
Through: Ms. Rajshree Ajay, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 19.03.2015
1. Counsels for the parties jointly state that they were directed to
appear before the Delhi High Court Mediation and Conciliation Centre
for negotiating a settlement and pursuant thereto, they have arrived
at a settlement as recorded in the Settlement Agreement dated
10.03.2015. The terms and conditions of the settlement are set out in
para 6 of the Agreement, whereunder both the parties have agreed
that the defendant will pay a sum of `4 crores to the plaintiff in three
installments, the final installment being payable on or before
15.05.2015.
2. Counsel for the defendant states that the first instalment of `1
crore has already been paid to the plaintiff, which fact is confirmed by
the other side. The balance amount has been agreed to be paid in two
installments, the second installment of `1 crore being due and payable
on or before 31.03.2015 and the third and final installment of `2
crores being due and payable on or before 15.05.2015. The
consequences of non payment of the balance installments have also
been set out in the Settlement Agreement. Counsels for the parties
state that the suit may be decreed in terms of the Settlement
Agreement.
3. The Court has perused the Settlement Agreement. The same has
been signed by the authorised signatories of the plaintiff and the
defendant and their respective counsels as also the learned Mediator.
Enclosed with the Settlement Agreement are authorisations executed
by the plaintiff/company and the defendant/company in favour of their
authorised signatories.
4. 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.
5. The suit is decreed in terms of the settlement arrived at between
the parties and recorded in the Settlement Agreement dated
10.03.2015, while leaving the parties to bear their own expenses.
6. At this stage, learned counsel for the plaintiff states that as the
parties have arrived at a settlement through the process of court
annexed mediation, he may be issued a certificate for refund of the
court fees affixed on the plaint.
7. In view of the aforesaid submission, the Registry is directed to
issue a certificate of refund of the court fees to the plaintiff under
Section 16 of the Court Fees Act.
8. File be consigned to the record room.
HIMA KOHLI, J
MARCH 19, 2015
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