Anil Narang vs Molly Kapoor
2015 Latest Caselaw 8355 Del

$~32.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1967/2015 and I.A. 23339/2015
      ANIL NARANG                                    ..... Plaintiff
                        Through: Mr. Lalit Gupta, Advocate

                        versus

      MOLLY KAPOOR                                  ..... Defendant
                        Through: Mr. Sangramsingh R. Bhonsle,
                        Advocate with defendant in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 04.11.2015

I.A. 23340/2015 (joint application u/O XXIII R 3 CPC)

1. The parties have filed the present joint application stating inter

alia that the summary suit instituted by the plaintiff for recovery of a

sum of Rs.35 lacs alongwith damages has been settled in terms of the

Settlement Agreement dated 29.10.2015, arrived at before the Delhi

High Court Mediation and Conciliation Centre.

2. Counsel for the plaintiff states that the plaintiff had executed an

Agreement to Sell dated 17.06.2014 with the defendant in respect of

the second floor and the terrace of the suit premises for a total sale

consideration of Rs.2,75,00,000/-. Out of the said amount, the plaintiff

had paid the earnest money of Rs.35 lacs to the defendant.

Subsequently, it had transpired that the defendant had entered into an

Agreement to Sell in respect of the suit premises with another party,

thus compelling him to lodge a complaint against her with Police

Station: Defence Colony, which has resulted in registration of FIR

No.374/2015.

3. During the pendency of the suit, the parties were able to

negotiate a settlement not only in respect of the dispute, subject

matter of the present suit but also in respect of the disputes, subject

matter of CS(OS) 275/2015, a suit for specific performance instituted

by the plaintiffs therein against the defendant in respect of the second

floor and terrace alongwith one servant quarter of the suit premises.

Under the comprehensive Settlement Agreement, the plaintiffs in both

the suits have agreed that the defendant shall execute a Sale Deed

only in respect of the second floor of the suit premises in favour of the

plaintiffs and/or their nominees in CS(OS) 275/2015 to the extent of

65% undivided share therein and to the extent of 35% undivided

share in favour of the plaintiff in the present suit. The parties jointly

state that the Settlement Agreement dated 29.10.2015 be taken on

record the suit may be decreed in terms thereof.

4. Counsel for the plaintiff states that in view of the settlement

arrived at between the parties, his client shall cooperate with the

defendant in approaching the competent Court for quashing of

FIR No.374/2015 registered at Police Station: Defence Colony.

5. The Court has perused the present application. The same has

been signed by the parties and is duly supported by the affidavits of

the signatories to the application. Enclosed with the application is the

Settlement Agreement dated 29.10.2015, which has also been signed

by the plaintiff in the present suit and the plaintiff No.1 for self and as

a Power of Attorney Holder of the plaintiff No.2 in CS(OS) 275/2015 as

also the defendant and their respective counsels and the learned

Mediator.

6. As the counsels for the plaintiff and the defendant jointly state

that they 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

settlement. The parties shall remain bound by the terms and

conditions of the settlement.

7. The suit is decreed in terms of the settlement recorded in the

Settlement Agreement dated 29.10.2015. Decree sheet be drawn

accordingly.

8. The suit is disposed of while leaving the parties to bear their own

expenses.

9. In token of acceptance of the terms and conditions of the

settlement recorded hereinabove, the parties shall affix their

signatures on the order sheet alongwith that of their counsels.

10. At this stage, learned counsel for the plaintiff states that in view

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

court annexed mediation, prior to the stage of framing of issues, the

plaintiffs are entitled to claim refund of the court fees in terms of

Section 16 of the Court Fees Act.

11. 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

plaintiff for refund of the court fees under Section 16 of the Court Fees

Act.

12. The suit is disposed of. File be consigned to the record room.

13. The date already fixed stands cancelled.

HIMA KOHLI, J NOVEMBER 04, 2015 rkb