S K Bhatt & Associate vs Lord Budha Shiksha Pratisthan & ...
2015 Latest Caselaw 3847 Del

$~15.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 151/2014
     S K BHATT & ASSOCIATE                       ..... Plaintiff
                    Through: Mr. Lalit Kumar Jha, Advocate

                       versus


     LORD BUDHA SHIKSHA PRATISTHAN & ANR      ..... Defendants
                   Through: Mr. Prakash Kumar Singh, Advocate
                   with Ms. Ruchika, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 14.05.2015

1. Pursuant to the parties being referred to mediation, a Settlement

Agreement dated 09.04.2015 has been filed. The terms and conditions

of the settlement have been set out in para 7 of the Settlement

Agreement.

2. Counsel for the plaintiff states 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 partner of the plaintiff/firm and the Secretary of

the defendants/society as also their respective counsels and the

learned Mediator.

4. As counsels for the parties jointly state that their clients 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 said settlement. The

parties shall remain bound by the terms and conditions of the

settlement recorded in the Settlement Agreement.

5. The suit is decreed in terms of the settlement arrived at and

recorded in the Settlement Agreement dated 09.04.2015, while

leaving the parties to bear their own expenses.

6. 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, the plaintiff is entitled to claim refund of the court

fees in terms of Section 16 of the Court Fees Act.

7. 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.

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

9. File be consigned to the record room.

HIMA KOHLI, J MAY 14, 2015 rkb