M/S Al Karma vs M/S Indo Continental Hotels & ...
2015 Latest Caselaw 7057 Del

$~4.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1213/2008 & CC No.36/2009.
       M/S AL KARMA                                  ..... Plaintiff
                          Through : Mr. Abdhesh Chaudhary and
                          Mr. Sanjit Kumar, Advocate

                          versus

       M/S INDO CONTINENTAL HOTELS & RESORTS LTD.
                                                     ..... Defendant
                     Through : Mr. Suryakant Singla, Advocate


       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 17.09.2015

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

Mediation and Conciliation Centre, a Settlement Agreement dated

8.7.2015 has been placed on record.

2. Counsels for the parties state that in accordance with the terms

and conditions of the settlement, they have settled the dispute raised

in the present suit and the counter claim filed by the defendant,

whereudner the defendant had agreed to pay a sum of Rs.10.50 lacs

to the plaintiff in full and final settlement of all its claims against it.

3. Counsels for the parties state that two cheques for Rs.5.25 lacs

each tendered by the defendant to the plaintiff have been encashed

and nothing further survives for adjudication in the suit.

4. Counsel for the defendant states that in view of the settlement

arrived at with the plaintiff, the defendant does not wish to press the

counter claim.

5. The Court has perused the Settlement Agreement dated

8.7.2015 and the terms and conditions of the settlement as set out in

para 6 thereof. Counsel for the plaintiff confirms having received

the agreed amount of Rs.10.50 lacs from the defendant in full and

final settlement of all its claims against the defendant. The Agreement

has been signed by the authorized representatives of the plaintiff and

the defendant and their respective counsels as also by the learned

Mediator.

6. As the counsels for the plaintiff and the defendant jointly 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

settlement. The Settlement Agreement dated 8.7.2015 is taken on

record and the parties shall remain bound by the terms and conditions

of the said settlement.

7. The suit and the counter claim are disposed of, while leaving the

parties to bear their own expenses.

8. At this stage, learned counsels for the parties state that in view

of the fact that the parties have arrived at a settlement through the

court annexed mediation, prior to the stage of recording the evidence,

the plaintiff and the defendant are entitled to claim refund of court

fees on the plaint and the counter claim in terms of Section 16 of the

Court Fees Act.

7. In view of the aforesaid submission made by the counsels for the

parties, the Registry is directed to issue a certificate in favour of the

plaintiff and the defendant for refund of the court fees in terms of

Section 16 of the Court Fees Act.

8. File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 17, 2015 sk