Delhi High Court
Sharad Maheshwari vs Ravi Malhotra & Ors on 3 September, 2015
$~5.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 28/2010
SHARAD MAHESHWARI ..... Plaintiff
Through: Mr. Ashish Virmani, Advocate
versus
RAVI MALHOTRA & ORS ..... Defendants
Through: Mr. Mayank Garg, Advocate with
Mr. Kunal Dutt and Ms. Pooja Yadav, Advs.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 03.09.2015
1. On the last date of hearing, counsels for the parties had stated
that they had arrived at a settlement in terms of the Settlement
Agreement dated 26.03.2015. However, none was present on behalf
of the plaintiff on the said date. Mr. Ved Prakash Sharma, counsel for
the defendants had stated that his clients shall ensure that the share
certificates of M/s Mountain and Seaside Resorts Private Limited would
be handed over to the counsel for the plaintiff before the next date of
hearing.
2. Today, when the case was taken up on the first call, counsel for
the defendants had stated that he had brought the Sale Deed in
respect of the property in Kerala and counsel for the plaintiff had
handed over a copy of the Indemnity Bond executed by the defendant
No.1 in favour of the plaintiff in respect of the outstanding liabilities, if
any of M/s Mountain and Seaside Resorts Private Limited. Counsels for
the parties had sought a pass over to examine the documents.
3. On the second call, counsel for the plaintiff states that his client
is satisfied by the documents furnished by the other side, except for
the fact that the defendant be directed to furnish the balance sheet of
the captioned company upto 31.08.2015. Counsel for the defendants
states that the balance sheets upto 31.03.2015 have been furnished to
the other side and he assures the court that the balance sheet for the
period w.e.f. 01.04.2015 to 31.08.2015 shall be handed over by this
evening.
4. In view of the aforesaid submission, counsels for the parties
state that the suit may be decreed in terms of the Settlement
Agreement dated 26.03.2015.
5. The Court has perused the Settlement Agreement. The terms
and conditions of the settlement have been set out in paras 1 to 6
thereof. The same has been signed by the plaintiff and the defendants
No.1 and 2 and the authorised representatives of the defendants No.3
to 5 as also their respective counsels and the learned Mediator.
6. 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
Settlement Agreement is taken on record. The parties shall remain
bound by the terms and conditions of the settlement recorded in the
application.
7. The suit is decreed in terms of the settlement recorded in the
Settlement Agreement dated 26.03.2015, while leaving the parties to
bear their own expenses. Decree sheet shall be drawn accordingly.
8. 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, the plaintiff is entitled to claim refund of the
court fees in terms of Section 16 of the Court Fees Act.
9. 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 under Section 16 of the Court Fees
Act.
10. The suit is disposed of, along with the pending applications.
File be consigned to the record room.
HIMA KOHLI, J
SEPTEMBER 03, 2015
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