M/S Coranthum Builders(P) Ltd vs Raghubir Singh & Ors
2015 Latest Caselaw 7520 Del

$~11.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2382/2014 and I.A. 14886/2014
      M/S CORANTHUM BUILDERS(P) LTD            ..... Plaintiff
                   Through: Mr. Ajay Vikram Singh, Advocate
                   with Ms. Priyanka Singh and Mr. Navin Kumar,
                   Advocates

                        versus

      RAGHUBIR SINGH & ORS                        ..... Defendants
                    Through: Mr. Yeeshu Jain, Advocate with
                    Mr. J.R. Mathur, and Ms. Jyoti Tyagi, Advs.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 01.10.2015

1. On the last date of hearing, on perusing the Settlement

Agreement dated 31.08.2015 arrived at between the parties before

the Delhi High Court Mediation and Conciliation Centre, it was noted

that there was no timeline fixed for the defendant No.1 to execute the

document for cancellation of the Gift Deed dated 23.06.2013. Counsel

for the defendants No.1 to 3 had stated that necessary steps in that

regard shall be taken by his clients if granted two weeks' time.

2. Today, counsel for the defendants No.1 to 3 states that a

Cancellation Deed has been executed by the defendants No.1 and

defendants No.2 and 3 and once the Court decrees the present suit in

terms of the Settlement Agreement, then necessary steps shall be

taken by the parties jointly to approach the Registrar of Assurances for

cancellation of the Gift Deed dated 23.06.2013. A copy of the

Cancellation Deed dated 30.09.2015 is handed over by the counsel for

the defendants No.1 to 3 and is taken on record.

3. The Court has perused the Settlement Agreement dated

31.08.2015. The same has been signed by the authorised signatories

of the plaintiff, defendants No.1 and 2, their respective counsels as

also by 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 as recorded in the Settlement Agreement.

5. The suit is decreed in terms of the Settlement Agreement dated

31.08.2015 while leaving the parties to bear their own expenses.

Decree sheet be drawn accordingly.

6. The defendants No.1 to 3 shall approach the Registrar of

Assurances with a request to cancel the Gift Deed dated 23.06.2013 in

respect of the land holdings, subject matter of the present suit as

detailed in page 1 of the Settlement Agreement within two weeks from

today. After taking necessary steps for cancellation, the defendants

No.1 to 3 shall get a NOC from the office of the Sub-Registrar,

Kapashera, New Delhi and the said document shall be furnished to the

plaintiff immediately after the same is issued by the competent

authority, whereafter a Sale Deed shall be executed by the parties as

per the settlement recorded in the Settlement Agreement dated

31.08.2015.

7. 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 prior to the stage of framing of issues in the suit,

the plaintiff is 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 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.

9. The suit is disposed of alongwith the pending application.

10. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 01, 2015 rkb/ap