Brij Mohan Kaeley vs Ishita Kaeley & Anr
2015 Latest Caselaw 8581 Del

$~16.

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1782/2015 and I.A. 12428/2015 & 18867/2015

       BRIJ MOHAN KAELEY                              ..... Plaintiff
                     Through: Mr. Kunal Aurora, Advocate with
                     plaintiff in person

                         versus

       ISHITA KAELEY & ANR                            ..... Defendants
                       Through: Ms.Geeta Luthra, Sr.Advocate with
                       Mr.Attin Shankar Rastogi, Advocate with D-1,
                       Mr.Sanjay Bhatia, father of D-1 and
                       Mrs.Poonam Bhatia, mother of D-1 in person
                       Ms.Sujata Rao, Advocate with D-2 in person


       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI


                         ORDER

% 18.11.2015

1. The present suit has been instituted by the plaintiff(father-in-law

of the defendant No.1 and father of the defendant No.2) praying inter

alia for a decree of perpetual injunction, restraining the defendant

No.1 from entering into/interfering with the peaceful

possession/enjoyment of property bearing No.E-30, Bunglow Road,

Kamla Nagar, Delhi.

2. During the pendency of the suit, the parties unilaterally

approached the Delhi High Court Mediation and Conciliation Centre and

for conciliation of their disputes. Counsels for the parties state that the

conciliation has been successful. The terms and conditions of the

settlement have been recorded in the Conciliation Settlement/

Agreement dated 6.11.2015, true and certified copies whereof duly

signed by the parties are handed over by the counsels for the parties.

The terms and conditions of the settlement have been recorded in

paras 1-13 of the Conciliation Settlement/Agreement whereunder, the

parties have agreed that the plaintiff and the defendant No.2 shall

jointly pay a sum of Rs.1,15,50,000/- to the defendant No.1 in full and

final settlement of all her claims against them and their family

members. The stages and the manner in which the aforesaid amount

shall be paid by the plaintiff and the defendant No.2 has been set out

in para 2 of the Conciliation Settlement/Agreement.

3. Counsels for the parties state that the first instalment of

Rs.25 lacs is to be paid to the defendant No.1, on or before

18.11.2015, i.e., today. Learned counsel for the defendant No.2 hands

over a draft bearing No.0770503 dated 17.11.2015 drawn on Canara

Bank, Shakti Nagar, Delhi amounting Rs.25 lacs in favour of the

defendant No.1 towards the first instalment which is duly accepted by

the other side. It has been agreed that the remaining amounts shall be

paid to the defendant no. 1 at various stages, namely, at the stage of

moving the first motion for divorce by mutual consent and the second

motion thereafter and some amount shall be paid to the

defendant No.1 at the time of quashing of FIR No.316/2015,

registered against the plaintiff.

4. Ms. Luthra, learned Senior counsel for the defendant No.1 states

on instructions that defendant no. 1 undertakes to abide by the

conditions agreed upon and recorded in the Conciliation

Settlement/Agreement, including the conditions that neither she, nor

any of her family members shall enter the suit premises, subject to

the compliance of the terms and conditions of the settlement recorded

therein.

5. Counsels for the plaintiff and the defendant No.2 state that their

clients undertake to abide by the terms and conditions recorded in the

Conciliation Settlement/Agreement. All the parties state that they shall

not pursue the civil/criminal cases against each other or the complaint

cases filed by them against each other or their family members. In

view of the settlement recorded in the Conciliation

Settlement/Agreement dated 6.11.2015, counsels for the parties

jointly state that the same be taken on record and the suit may be

decreed in terms thereof.

6. The Court has perused the Conciliation Settlement/Agreement

dated 6.11.2015. The same has been signed by the plaintiff, the

defendant No.1 and the defendant No.2 and their respective counsels

as also by the learned Mediator. The Conciliation

Settlement/Agreement has also been witnessed by three independent

parties. The true copy and certified copy of the Conciliation

Settlement/Agreement dated 6.11.2015 are taken on record and

marked as Ex.A and B respectively.

7. As the counsels for the plaintiff and the defendants 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

Conciliation Settlement/Agreement. The parties shall remain bound

by the terms and conditions of the settlement arrived at between

them. The suit is decreed, in terms of the settlement recorded in the

Conciliation Settlement/Agreement dated 6.11.2015, while leaving the

parties to bear their own expenses.

8. The suit is disposed of alongwith the pending applications.

The parties shall affix their signatures on the order sheet in

acknowledgment of the conditions recorded in the Conciliation

Settlement/Agreement dated 6.11.2015 and as above.

HIMA KOHLI, J NOVEMBER 18, 2015 mk/ap