Kamlesh Soni & Anr. vs Naresh Kumar Duggal & Ors.
2015 Latest Caselaw 2550 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+          CS(OS) 1859/2014 & IA No.11574/2014
                                               Decided on 25.03.2015
IN THE MATTER OF :
KAMLESH SONI & ANR.                                ..... Plaintiffs
                       Through: Ms.Shobhna Takiar, Advocate
                       versus

NARESH KUMAR DUGGAL & ORS.                   ..... Defendants
                  Through: Mr. D.K.Thakur, Advocate for D-1
                  Ms.Lakshmi Gurung, Advocate for D-2 & D-3


CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. Counsels for the parties state that pursuant to the parties

appearing before the learned Mediator appointed by the Delhi High

Court Mediation & Conciliation Centre, in terms of the order dated

14.10.2014, they have arrived at a settlement and a Settlement

Agreement dated 11.2.2015 has been placed on record.

2. The terms and conditions of the settlement have been set out in

paras 1 to 8 of the Settlement Agreement.

3. Though it has not been specifically recorded in the Settlement

Agreement, counsels for all the parties state that their clients are

agreeable that Smt. Raj Duggal, mother of the plaintiff and the

defendants No.1 to 3 shall continue occupying the suit premises during

her lifetime and the settlement will be given effect to, only upon her

demise.

4. The Court has perused the Settlement Agreement dated

11.2.2015. The same has been signed by Mr.Prem Kumar Ghai, the

constituted attorney of the plaintiff and the defendants No.1 to 3 and

their respective counsels as also the learned Mediator. Enclosed with

the Settlement Agreement is the Special Power of Attorney executed

by the plaintiff in favour of the constituted attorney.

5. 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.

6. The suit is decreed in terms of the settlement and the joint

statement of the parties recorded hereinabove. The parties shall

remain bound by the terms and conditions of the settlement arrived at

between them.

7. The suit is disposed of, along with the pending application, while

leaving the parties to bear their own expenses.

8. At this stage, learned counsel for the plaintiffs states that in

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

the court annexed mediation and the suit is at the stage of completion

of pleadings, 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 counsel for the

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

plaintiffs for refund of the court fees, as per law.

File be consigned to the record room.

                                                       (HIMA KOHLI)
MARCH 25, 2015                                            JUDGE
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