M/S The Aftab Education & Social ... vs M/S Swapnil Enterprises
2015 Latest Caselaw 7769 Del

$~27.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3557/2012 and I.A. 16724/2015, 23225/2012
      M/S THE AFTAB EDUCATION & SOCIAL WELFARE SOCIETY
                                                      ..... Plaintiff
                     Through: Mr. Pankaj Kapoor, Advocate with
                     Mr. Akash Tripathi, Advocate

                        versus


      M/S SWAPNIL ENTERPRISES                    ..... Defendant
                    Through: Mr. Karthik K.R., Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 09.10.2015

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

Agreement dated 11.09.2015 has been placed on record. The terms

and conditions of the settlement have been set out in para 6 of the

Agreement, whereunder the plaintiff has agreed to pay a sum of Rs.30

lacs to the defendant in full and final settlement of all the disputes,

subject matter of the present suit. It is stated that out of the said

amount, a sum of Rs.20 lacs has already been paid by the plaintiff to

the defendant, thus leaving a sum of Rs.10 lacs, which the plaintiff has

agreed to pay on site verification. The remaining terms and conditions

of the settlement are a part of the Settlement Agreement.

2. Counsel for the plaintiff undertakes to pay the balance sum of

Rs.10 lacs to the defendant after the inspection at site takes place and

the repairs etc. required to be undertaken are completed. Counsels for

the parties jointly state that the suit may be disposed of as per the

settlement arrived at between them.

3. The Court has perused the Settlement Agreement dated

11.09.2015. The same has been signed by the authorised signatories

of the parties, 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 disposed of in accordance with the terms and

conditions recorded in the Settlement Agreement dated 11.09.2015,

while leaving the parties to bear their own expenses.

6. 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 completion of pleadings in the

suit, the plaintiff is entitled to claim refund of the court fees in terms

of Section 16 of the Court Fees Act.

7. 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.

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

9. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 09, 2015 rkb