M/S Sony India Pvt. Ltd. vs M/S Miraj Infotech Ltd.
2015 Latest Caselaw 2514 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+    CS(OS) 1913/2010 & IA No.14210/2014 & CC No.55/2011
                                               Decided on 24.03.2015
IN THE MATTER OF :
M/S SONY INDIA PVT. LTD.                          ..... Plaintiff
                     Through: Mr. Rahul Malhotra, Advocate

                       versus

M/S MIRAJ INFOTECH LTD.                         ..... Defendant
                    Through: Mr. Manish Bhasin, Advocate with
                    Mr. A.K. Pandey, MD of the defendant
                    in person.


CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. Pursuant to the parties appearing before the learned Mediator

appointed by the Delhi High Court Mediation & Conciliation Centre, a

Settlement Agreement dated 10.11.2014 has been placed on record

and the terms and conditions of the settlement are set out in para 6

thereof.

2. Counsels for the parties jointly state that in terms of the

agreement, they have agreed to settle all their interse disputes,

subject matter of the present suit and the counter claim filed by the

defendant by the defendant paying a lump sum amount of `53.00 lacs

to the plaintiff, in the manner set out in para 6(a) of the Settlement

Agreement.

3. Counsel for the plaintiff states that the cheques in question for

`53.00 lacs issued by the defendant in four instalments, were duly

encashed and the entire amount has been received by his client.

4. Counsels for the parties jointly state that in view of the fact that

the settlement has been implemented, nothing further survives in the

present suit and the counter claim, which may be disposed of.

5. The Court has perused the Settlement Agreement dated

10.11.2014 and the terms and conditions of settlement are set out in

para 6 thereof. The same has been signed by the authorized

representatives of the plaintiff and the defendant and their respective

counsels and the learned Mediator. Accompanying the Settlement

Agreement are the authorizations issued in favour of the authorized

signatories of the plaintiff and the defendant companies and the

photocopies of the cheques of `53.00 lacs handed over by the

defendant to the plaintiff.

6. As the counsels for the parties state that the parties 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 same. The Settlement

Agreement is taken on record. The parties shall remain bound by the

terms and conditions of the settlement arrived at between them.

7. The suit and the counter claim are disposed of in view of the

aforesaid settlement arrived at between the parties, along with the

pending application, while leaving the parties to bear their own costs.

8. At this stage, learned counsels for the parties state that in view

of the fact that the parties have arrived at a settlement through the

court annexed mediation prior to the framing of issues in the suit, they

are 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 counsels for the

parties, the Registry is directed to issue a certificate in favour of the

plaintiff and the defendant for refund of the court fees, as per law.

10. File be consigned to the record room.

                                                      (HIMA KOHLI)
MARCH 24, 2015                                           JUDGE
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