Anand Prakash vs Paramjeet Singh
2015 Latest Caselaw 7690 Del

$~16
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2947/2014 & I.A. No. 18805/2014

ANAND PRAKASH                                            ..... Plaintiff
                              Through: Mr. Anil Kumar Bhasin, Advocate

                              versus

PARAMJEET SINGH                                       ..... Defendant
                              Through : Mr. Ashok Anand, Advocate.

CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI

                              ORDER

% 07.10.2015

1. Pursuant to the parties being referred to the Delhi High Court

Mediation and Conciliation Centre, a Settlement Agreement dated

08.7.2015 has been forwarded by the learned Mediator.

2. Counsels for the parties state that the terms and conditions of

the settlement have been recorded in para 6 of the Settlement

Agreement whereunder, both the parties have agreed that the

defendant shall execute a sale deed for conveying the suit premises in

favour of the plaintiff for a total sale consideration of Rs.1,21,00,000/.

It is stated by the counsels that a sum of Rs.10 lacs already stands

paid by the plaintiff to the defendant and the balance sale

consideration of Rs.1,11,00,000/- shall be paid at the time of

execution of the sale deed within six months.

3. Counsel for the plaintiff undertakes that his client shall

co-operate in every manner with the defendant for quashing/

compounding of FIR No. 133/2013 PS Adarsh Nagar, registered on the

complaint of the plaintiff. The remaining terms and conditions of the

Settlement Agreement have been set out in para 6 (II) to (XIII)

thereof.

4. The Court has pursued the Settlement Agreement dated

08.7.2015. The same has been signed by the plaintiff and the

defendant, and their respective counsels as also by the learned

Mediator.

5. 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 recorded in the Settlement Agreement.

6. The suit is decreed in terms of the settlement arrived at and

recorded in the Settlement Agreement dated 08.7.2015. Decree Sheet

be drawn accordingly.

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, 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, along with the pending application, while

leaving the parties to bear their own expenses.

File be consigned to the record room.

HIMA KOHLI, J OCTOBER 07, 2015 mk