Vasvi Thr Neha Gupta & Ors vs Sudhir Kumar Gupta & Sons(Huf) & ...
2015 Latest Caselaw 8264 Del

$~23.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 625/2014
     VASVI THR NEHA GUPTA & ORS                   ..... Plaintiffs
                    Through: Mr. Maanav Kumar, Advocate with
                    mother/next friend of the plaintiffs, Ms. Neha
                    Gupta in person.

                       versus

     SUDHIR KUMAR GUPTA & SONS(HUF) & ORS ..... Defendants
                   Through: Ms. Sangeeta Jain, Advocate with
                   D-2 in person.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 02.11.2015

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

Agreement dated 09.09.2015 has been filed. Counsels for the parties

state that the terms and conditions of the settlement are set out in

paras (A) to (G) of the Settlement Agreement, whereunder both

parties have agreed to withdraw all their inter se litigations and the

mother/next friend of the plaintiffs herein, Ms. Neha Gupta and her

husband, Mr. Mohit Gupta, defendant No.2 herein have agreed to

dissolve their marriage by mutual consent.

2. Counsels for the parties state that the first motion for divorce by

mutual consent has already been filed by the parties and the second

motion shall be filed by them immediately after the expiry of six

months reckoned from 22.09.2015. In the meantime, as agreed upon

between the parties, the defendant No.2 has paid a sum of Rs.50 lacs

to the minor plaintiffs and the balance amount of Rs.20 lacs shall be

paid to Ms. Neha Gupta at the time of recording the second motion for

divorce by mutual consent.

3. The Court is informed that the other civil litigation between the

parties as detailed in para (C) of the Settlement Agreement have been

withdrawn by both sides. Though both the parties state that it has

been recorded in the Settlement Agreement that the present suit

would be withdrawn by the plaintiffs after the second motion is

allowed and the balance sum of Rs.20 lacs is paid by the defendant

No.2 to the plaintiffs and further, other steps are taken as recorded in

the Settlement Agreement, they state on instructions from their clients

that they are agreeable to the suit being disposed of in terms of the

settlement with liberty granted to the parties to seek revival of the

present proceedings in the event of any breach committed by either

side in respect of the obligations undertaken to be discharged by them

under the Settlement Agreement.

4. It is further agreed by the parties that till the second motion is

jointly filed by Ms. Neha Gupta and the defendant No.2, and the

balance payments are made by him to Ms. Neha Gupta as has been

agreed upon, the interim order dated 16.12.2013 passed in the

present proceedings shall continue to operate. Both parties state that

they shall remain bound by the terms and conditions of the

settlement.

5. The Settlement Agreement dated 09.09.2015 is taken on record.

The parties shall remain bound by the same. The suit is disposed of,

while leaving the parties to bear their own costs.

HIMA KOHLI, J NOVEMBER 02, 2015 rkb