Delhi High Court
S. Urvinder Singh Gujral & Anr. vs Pradeep Kumar Mehta on 29 May, 2015
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1393/2010
Decided on: 29.05.2015
IN THE MATTER OF:
S. URVINDER SINGH GUJRAL & ANR. ..... Plaintiffs
Through Plaintiffs in person
versus
PRADEEP KUMAR MEHTA .... Defendant
Through Ms.Kamlesh Mahajan, Advocaet with
defendant in person
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J.(Oral)
1.
Pursuant to the parties being referred to the Delhi High Court
Mediation & Conciliation Centre vide order dated 25.5.2015, a
Settlement Agreement dated 26.5.2015 has been placed on record.
2. As per the terms and conditions of the settlement, the defendant
has agreed to return a sum of `22,60,000/- to the plaintiffs in full and
final settlement of all their claims, subject matter of the present suit.
It has been further agreed that the plaintiffs would be entitled to
approach the Registry for receiving back the sum of `35,01,000/-
directed to be deposited in court, vide order dated 14.7.2010, along
with the interest, if any, accrued thereon.
3. The plaintiffs No.1 & 2 are present and are identified by the
defendant who is also present in court, along with his counsel. They
confirm that they have arrived at a settlement with the defendant of
their own free will and volition and without any undue influence or
coercion from any quarters. They state that after receiving the sum of
`22,60,000/- from the defendant, nothing further is due or payable by
him in the present suit.
4. Learned counsel for the defendant hands over two drafts bearing
Nos.519474 & 519473, both dated 28.5.2015 drawn on UCO Bank,
Punjabi Bagh, favouring plaintiffs No.1 & 2 for sum of `19,00,000/-
and `3,60,000/- respectively. The same are duly received by the
plaintiffs No.1 & 2 who state that now they be permitted to approach
the Registry for seeking release of the amounts deposited by them in
terms of the order dated 14.7.2010.
5. The court has perused the Settlement Agreement dated
26.5.2015. The same has been signed by the plaintiffs and the
defendant and his counsel as also the learned Mediator. As 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 Settlement Agreement dated
26.5.2015 is taken on record. The parties shall remain bound by the
terms and conditions of the settlement recorded in the Settlement
Agreement. The plaintiffs shall be entitled to approach the Registry for
release of the sum of `35,01,000/- along with interest, if any, accrued
thereon.
6. The suit is disposed of, while leaving the parties to bear their
own expenses.
7. At this stage, the plaintiffs state that in view of the fact that the
parties have arrived at a settlement through court annexed mediation,
they are entitled to claim refund of the court fees in terms of Section
16 of the Court Fees Act.
8. In view of the aforesaid submission made by the plaintiffs, the
Registry is directed to issue a certificate in their favour for refund of
the court fees, as per law.
File be consigned to the record room.
The date of 20.8.2015 stands cancelled.
(HIMA KOHLI)
MAY 29, 2015 JUDGE
mk
